A “change of circumstances” in the context of a custody modification refers to a significant, material change in the situation of one or both parents or the child that justifies revisiting and potentially altering an existing custody arrangement. Courts generally require this change to be substantial enough to affect the best interests of the child. In order to modify the parenting plan, a parent will likely need to explicitly state this change of circumstance. Examples of such changes can include:
- Relocation: One parent moves a considerable distance, making the current custody arrangement impractical.
- Change in Employment: A parent’s work schedule changes, impacting their ability to adhere to the current custody schedule.
- Health Issues: A significant change in the physical or mental health of a parent or child.
- Substance Abuse: New evidence of substance abuse or criminal behavior by one of the parents.
- Change in Child’s Needs: The child’s needs change, such as requiring specialized education or medical care.
- Remarriage: One parent remarries or enters a serious relationship, especially if it impacts the child’s well-being.
- Neglect or Abuse: New evidence of neglect or abuse by the custodial parent.
- Parental Alienation: One parent is claiming that a parent is alienating the child from the other parent (Divorce Coaching with Brooke takes the position that Parental Alienation is based on junk science. However, this may be used as a reason for the court to consider a custody modification.)
For a court to modify custody, the change of circumstances must be proven to be substantial and not simply a minor or temporary change. Additionally, the proposed modification must be in the best interest of the child.