4 Reasons Why A Child Custody Order Might Change
Child custody orders are often the arrangements that dictate how parents will deal with kids. There are several reasons, though, why they might have to change. Let's look at why that might be the case and how that may affect you.
Age
Once a child gets older, the law generally allows them a greater say in where they'll live. The age that determines this varies by state, but it's often in the range of 10 to 13 years. The law assumes a kid of that age should be able to make informed decisions about living arrangements and parenting. A judge will have the final say if there are any concerns, but it's a common reason for the court to enter a new custody order.
Health
Especially on the parents' side of the equation, the physical ability to make a custody arrangement work matters. This can get challenging if one side doesn't recognize the adverse impact of declining health on the capacity to parent. Unfortunately, that may call for hiring a child custody lawyer and going to court to ask for a modification of the existing order or the creation of a new one.
A kid's health may be a factor, too. This usually occurs when the child's health creates problems for someone who has primary custody. For example, someone dealing with a child with increasing physical disabilities may need to remodel their home to accommodate mobility problems.
If that's not possible, a new custody order might be necessary. Once more, if there is pushback, you may need to consult with a child custody attorney and sue.
Changes to Living Arrangement
Both parents, regardless of who has primary custody, have a legally recognized right to interact with their child. If one parent's living arrangements have changed dramatically, such as moving out of state, it can trigger a legal fight. The court may even order a parent who is planning to move to not do so. The logic is that the move may adversely affect access and visitation, even if the parent who is moving doesn't have primary custody.
Failure to Follow the Terms
The worst of possible scenarios is one where at least one party fails to follow the order. Although the court will make every effort to try to sustain a child custody arrangement, there comes a point where there may be consequences. For example, a parent might try to pick the child up outside of the scheduled times. The court may enter a stricter order, potentially even including supervision, to ensure compliance.
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