What is a Material Change in Circumstance for Custody?
If you are divorced or separated and have children, you likely worked with your former spouse or a mediator to develop an agreement to provide guidelines for physical custody (i.e., who the child lives with) and legal custody (i.e., who makes decisions on behalf of the child). These agreements are designed to be long-term arrangements to ensure stability for the child involved. However, under certain circumstances, a family court might consider changes to a custody agreement to protect the best interests of the child.
Legally, a “material change in circumstance” refers to a change in a situation significant enough to affect the outcome of a previous legal decision or agreement. When it comes to material change in circumstances for custody, the following are some of the most common situations that might necessitate a modification of your current agreement.
Change in Parental Circumstances
Several different factors can create changes in circumstances for one or both parents that might result in the need for a new custody agreement, including:
Relocation – If one parent relocates (for work, due to a new relationship, etc.), the current physical custody arrangement or visitation schedule might become difficult or impossible to maintain.
Altered financial status – Changes in financial status, for instance getting a higher-paying job, might mean that a non-custodial parent might now be in a better position to be granted joint physical custody. On the flip side, losing a job might impair a custodial parent’s ability to properly care for a child.
Improvement or deterioration of living situation – Declining health, substance abuse, home foreclosure, etc., might result in a deterioration of a child’s living situation. Conversely, a non-custodial parent might significantly improve their living situation by completing a rehabilitation program, for example, that would allow them to provide a healthy environment for the child.
Behavioral changes – Of course, if either parent begins to exhibit behavior that might negatively impact the child, such as abuse, neglect, or parental alienation, the other parent should file an emergency petition to modify the custody agreement immediately.
Change in Child’s Preferences or Needs
For older children, especially teenagers, a court might consider a change to a custody agreement based on the child’s preferred living arrangement, as long as the child can present valid reasons for why the change would be a better situation for them.
In some cases, changes in a child’s needs might trigger parents to seek a new custody arrangement. For example, a child who requires special education services might be better served living with a parent who lives in a school district with better resources.
Joint Request for Change
Parents can file a joint request for a judge to change the terms of their custody agreement if they both agree that modifications are desired, for any reason.
Failure to Uphold Custody Agreement
If either parent refuses to uphold their end of a custody agreement, a family court might step in to order compliance or to change the original agreement as necessary.
Get Help from Family Law Experts
When it comes to your children, you always want what’s best for them. If you are facing custody issues with a former spouse and think you might have grounds to revisit your custody agreement, schedule a free consultation with the Family Law Group at Lonich Patton Ehrlich Policastri. Our family law experts have over 100 years of combined litigation experience and are well-versed in helping our clients navigate the complicated landscape of divorce and custody matters.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
