The best interests of the children usually define child custody orders. However, if that changes along the way, you can file to have them modified.
Since the orders were granted, the circumstances may have changed, and the child’s welfare may be at stake. Below are some possible scenarios.
Suppose your co-parent is actively destroying the relationship between you and your child by painting you in a bad light. In that case, you may want to consider revising the current custody arrangement. The court is likely to consider your proposal, especially if you have tried other ways to try and stop the alienation unsuccessfully.
Drug abuse issues
The environment your child grows up in may influence their behavior later in life. For example, if your co-parent starts abusing drugs, your child may pick up the habit. Therefore, you may feel taking them away from that environment is in their best interests.
If your co-parent gets incarcerated, they can no longer provide for the child, and it’s a reason to modify custody orders. Abandonment or death of the parent may also instigate a change.
Evidence is key
Your co-parent may not be pleased by this turn of events, and it may be your word against theirs in a family court. Therefore, it is important to have as much supporting evidence as possible. For instance, if your co-parent deliberately prevents you from seeing your child, it is advisable to document that by keeping communication records.
The outcome of your modification request will mostly rely on the evidence you present and proof that the current orders are not in the child’s best interest. Finding out more can help you develop a plan to protect your child.