Photo of attorney Scott Orsini

COVID-19: Orsini Law Group continues to follow precautionary guidelines in response to the COVID-19 pandemic, offering clients the opportunity to meet online, in person or by telephone. 

When can you seek to modify an existing custody order?
  1. Home
  2.  | 
  3. Child Custody
  4.  | When can you seek to modify an existing custody order?

When can you seek to modify an existing custody order?

On Behalf of | Dec 7, 2022 | Child Custody

Your custody order may have seemed fitting at the time it was ordered, but life changes, and so do your child’s needs.

If you’re worried about how your existing order impacts your child’s safety and well-being, then you may need to consider whether seeking a modification is necessary. But what sorts of situations justify a custody or visitation modification?

Justification for a custody modification

The justifications for a custody modification depend on the facts at hand, including your child’s needs. However, some situations are more deserving of a modification, including each of the following:

  • Parental substance abuse
  • Domestic violence
  • Physical, emotional, psychological or verbal abuse
  • A decreased income
  • An increase in your child’s basic needs
  • Your child’s wishes
  • Newly discovered physical and mental limitations pertaining to the other parent

There may be other issues that are relevant to your circumstances, so make sure that you’re viewing every issue through the lens of your child’s best interests.

After all, that’s how the court is going to decide your custody matter if you end up litigating a modification request.

Make sure that you have evidence on your side

As you plan to move forward with a motion to modify custody or visitation, you’ll need to make sure that you have sufficient evidence to make a persuasive argument.

This means that you may need mental health records, police reports, witness accounts, and financial records. You’ll also need to know the law and how it applies to the facts of your case.

We know all of that can be stressful to think about, but attorneys who are adept in this area of the law, like those at our firm, stand ready to assist you with your request.