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When can a custody order be changed?

On Behalf of | Feb 14, 2023 | Family Law

When going through a divorce as a parent, it’s likely that your main priority will be the children. You’ll want a custody order that not only works for you, but more importantly, is good for your child. If you and your spouse are still amicable, then you might be able to come up with an arrangement without court intervention. Failing that, the court will decide custody based on the best interests of the child.

Once the custody order is set, it is legally binding. However, under certain conditions, the court may consider making modifications in the future. Outlined below are two of the more common reasons to modify custody.

The developing needs of the child

Young children tend to need a lot of hands-on support from their parents. As they get older, they become more and more independent. In less than a year, the needs of a child can become completely different, and this is something that the family court understands. If the child has outgrown the current custody arrangement and it is no longer in their best interests, then the court can make modifications.

Repeated breaches of the order

One-off emergency situations can happen to anyone. However, if a parent is repeatedly failing to turn up when they are supposed to, the court will be displeased. In fact, repeated breaches of the custody order can encourage the court to make modifications. In serious cases, the offending parent may even be held in contempt of court.

Above are just some of the more common reasons for custody modifications. Any changes to the needs of the child or circumstances of the parents can give rise to changes in custody. As you navigate your case, be sure to have legal guidance on your side.

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