Custody matters are generally resolved either through an agreement by the parties or by a judicial determination.  In either case a custody order controls the custody arrangement.  No matter how your custody matter is initially resolved, an order relating to custody of minor children is never final.  In other words, it is always subject to review and modification consistent with the best interests of the child.

Generally speaking, a substantial and material change in circumstances may warrant the modification of a custody order.  Although it is not necessary to prove a substantial and material change in circumstances to warrant the modification of a custody order (as the Court’s only consideration is the best interests of the child) the best interests of the child, these interests necessarily involve a change in circumstances.

A substantial and material change in circumstances could be in the form of the introduction of a person into the child’s life that has a history of abuse, the desire of a parent to relocate or an infinite number of other possible situations.   In considering a request for modification the Court will consider all of the relevant custody factors that are considered in the initial custody determination.

It is important to take note of the fact that the Court is not permitted to modify a custody order solely as a punishment to one parent for being in contempt of an existing custody order.  Custody may be changed in a contempt proceeding but only where it has been established that the change in custody promotes the best interests of the child.

If you have questions about a child custody modification call me today for a free case evaluation.