Modification of custody orders is difficult, but not impossible. The law sets a high hurdle to jump over to modify a custody order. First, you have to show that there is a change in the circumstances of the custodial parent or legal custodian, or of the child. Second, the modification of the custody order must be in the best interest of the child.
So, what type of evidence do you need to present to the Court if you are seeking to modify a custody order? Common evidence includes, but is not limited to the following:
• A report that shows actual parenting time compared to scheduled parenting time.
• A custody journal with notes about problems as they have occurred.
• Records showing that police or the court had to enforce custody orders.
• Documents demonstrating a parent's new work schedule or move.
• Statements from doctors, teachers, caregivers and other witnesses.
• Medical, school, work, criminal and other official records.
• Photos, emails, texts, social media posts and other unofficial records.
Courts are reluctant to modify custody orders. If you are seeking to modify a custody order, it is possible that you may have only one chance to do so. You should consult with an attorney. You do not want to run the risk of losing and significantly reducing your chances of modifying the custody order in the future.
For further questions regarding this topic, please call the attorneys at Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills, at 513-631-0022.
