Divorced parents and unmarried parents who break up may need to work out a shared custody order. If they cannot establish custody arrangements on their own, then the family courts can determine the best way to divide parental rights and responsibilities, including parenting time.
Sometimes, unique issues affecting the family inspire a judge to limit a parent’s time. Other times, a demanding career or unstable living circumstances convince a parent to accept custody arrangements in which they have far less parenting time than the other adult.
Sometimes, parents who feel frustrated by limited time with their children can request a formal custody modification that gives them more time with the children. When are custody modifications an option?
When the parents reach an agreement
One parent getting more time with the children can help them preserve their bond with the kids. It can also give the other parent an opportunity to rest, socialize or work on their career.
The parents may be able to reach an agreement that increases one parent’s time with the children. In such circumstances, they can cooperate for an uncontested modification. The courts simply review the proposed changes and update the custody order to reflect the agreement between the parents.
When circumstances have improved
People rebuilding during a divorce may have unstable living arrangements. Issues with depression or substance abuse related to the divorce could limit someone’s ability to care for their children.
When an individual has bettered their circumstances by undergoing treatment, finding better housing or working on their finances, their improved circumstances can influence what the court deems appropriate for shared custody. Proof of significant improvements can help a parent convince the courts that giving them more time with the children could be good for them.
When the situation becomes unstable
Some parents seek more parenting time because they worry about what happens when the children are with the other adult. Documentation showing that one parent has used drugs in front of the children, neglected them or exposed them to abuse could convince a judge to reduce their parenting time and increase the time they spend with the other adult in the family.
Parents who want more time with their children typically either need to work with the other parent or develop a case that convinces the courts that a change in the custody order is what is best for the kids. Learning more about child custody and modification rules can help parents ensure that their custody arrangements are fair and appropriate given family circumstances.
