Reasons a child custody order may need to be modified

On Behalf of | Oct 14, 2021 | Child Custody

Establishing child custody and parenting time parameters during an Oregon divorce can be difficult on both parents and children. When parties emerge from their divorce with an intact order that stipulates when and with whom their children will live, it can be tempting to stick to the order for as long as possible to avoid future negotiations on custody-related topics. Unfortunately, life can present families with changes that may necessitate child custody modifications.

There are many reasons that child custody plans may require changes, and this post will only touch on some of them. It is important to remember that matters related to child custody and parenting time will focus on the best interests of the children, and when modifications do not serve the needs of children, they may not be necessary.

Modifications based on relocations

One reason that child custody orders are changed is relocation. When a parent must move for their job, their access to and time with their child maybe imposed upon. Relocation can become a complex family law issue, and individuals can seek counsel on this matter from divorce and family law attorneys in their communities.

Modifications based on the welfare of the child

Another reason that a child custody order may need modification is if the child’s safety, health, or welfare is threatened under the existing order. If the child is subjected to abuse or neglect by their custodial parent, or if their custodial parent becomes incapacitated or cannot care for them, a change to their custody plan may be necessary to protect their child’s wellbeing.

Modifications based on the behaviors of the parents

Not all parents follow the rules of their custody plans. When parents deliberately violate custody rules, they may face sanctions by the courts. In some cases, when instances of parental alienation or interference occur, a non-custodial parent may have options for securing more time with their child through modification.

Child custody and parenting time plans should serve the needs of children. When they are inadequate and do not meet their purposes, they can be changed through modifications through the courts.