What Are The Most Common Reasons Parents Seek Out The Help Of An Attorney To Modify A Child Custody Or Child Support Order?

When it comes to child custody, one of the most common reasons parents seek out a modification to a prior court order is relocation. Sometimes people may have to relocate for work or family reasons. As a result, that causes parents to review whether they can still share joint custody and/or need to have the parenting schedule changed. Another reason is remarriage or the act of dating someone else. Perhaps another adult figure enters into the picture and the other parent doesn’t like that person or want that person around the children. That’s a common reason parents ask attorneys to file or defend motions to modify. As life moves on and people continue onto other relationships, parents tend to review the custody and parenting time arrangements.

In regard to child support, modifications are primarily employment related. The change could be due to COVID-19, a promotion, or a serious accident that results in disability. Employment related changes are the main reason people seek modifications on child support orders.

What Changes In A Child’s Life Might Cause A Need For Support Or A Custody Visitation Modification?

A change in which a child’s life might prompt the need for support or a custody visitation modification could involve adjustments in the child’s educational needs. For instance, if a child is diagnosed with ADD or ADHD, and that was something that wasn’t apparent or known at the time of the divorce, a different educational plan would have to be put in place. Certain diagnoses, like ADD or ADHD, can shake things up. The child may need to have an Individualized Educational Plan (IEP) when they go to school or attend a different school that accommodates their needs.

If there are medical changes on a physical level, such as if the child is in an accident that causes a debilitating injury, the parents may need to come up with a new plan if the old one will no longer work. For instance, if one parent doesn’t work, they may need to become the primary caregiver while the other parent works, even if that wasn’t the prior custody agreement. Therefore, changes in a child’s mental or physical health can sometimes cause modifications to a custody order or agreement.

Parents sometimes will also make “out-of-court” modifications, agreements or different arrangements to prior custody, visitation or support orders after the divorce is finalized. It is still in everyone’s best interests to seek the help of an attorney to file updated agreements with the Court in these situations.

Is A Child’s Age, Needs, And Activities Ever A Cause For Making A Change To A Custody, Visitation, Or Support Order?

A child’s age, needs, and activities could give rise to changes in a custody, visitation, or support order. As a child gets older, their needs can change. For example, a 10-year-old who is an excellent soccer player may need to start traveling to tournaments. If the father is the soccer coach and has the ability to help the child travel to the tournaments, and the mom can’t do that, then there could be a modification to the custody order. A child’s aptitude, whether it be academic or social, could naturally warrant the need for them to spend more time with the other parent. Certainly, over the course of 18 years many changes can occur.

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