Child Custody Modification

“Modification” would mean “change”. Child custody modification is filing a court action so that you can change the terms, conditions and stipulations of a final court order especially on where and with whom your child lives and with whom your child visits. Other names for this would be a Parenting Plan, a Residential Schedule, or a Custody Decree.

Child custody modification would be between the parents of the child – you and your ex-spouse or you and your ex-boyfriend or girlfriend, or you and a relative or someone else who has the right to time with a child.

There are actually two kinds of modifications: (1) major modification and (2) minor modification. Major modifications allow you to make big changes in your Parenting Plan like asking the court to change custody. Minor modifications only make small changes in your Parenting Plan like changing the dates of holiday visits.

Major Child Custody Modification

There must be good grounds at the first “Adequate Cause” hearing for a major modification to occur. Once a good reason has been proven, the court will have to set a date for the next trial. Once the other parent disagrees to the proposed change, a trial will take place where a judge will decide to allow or disallow the major modification.

During the trial, the parent who opts for major child custody modification has to prove that a life-altering changes have occurred while the current Parenting Plan has taken effect. This “change” is called a “substantial change of circumstances”.

Substantial change of circumstances necessarily occur in major child custody modification if: (1) both parents or guardians agree to the proposed major modification; (2) the parent or guardian with the custody under the existing Parenting Plan has allowed the child to reside with the other parent or guardian for a substantial and meaningful period of time; (3) the place the child is living in as mentioned in the  existing Parenting Plan is not physically, emotionally or mentally safe and may cause harm to the child if the child continues to live at this place of residence; and (4) the other parent or guardian who is not following the terms and conditions of the current Parenting Plan has been held in contempt by the court for a minimum of two times in three years or if the parent or guardian is criminally convicted of “custodial interference” in the first and/or second degree.

It’s not enough that the parent or guardian wanting the change thinks that his or her life has improved so much, enough to warrant a drastic child custody modification and the eventual custody of the child.

Minor Child Custody Modification

A minor child custody modification may be prompted by the rule of the courts if: (1) there has been “substantial change of circumstances” in either the parent’s life or in the child’s life; and (2) the modification or change is in the best interests of the child. An example of a minor modification would be a change in the parent’s work schedule or if one parent wants to take the child on a longer vacation than mentioned in the existing Parenting Plan because the child is now older and can now spend an even longer time away from the other guardian or parent.

Minor modifications may not change the status of the child custody except if the guardian or parent is moving to another home with the child.