Even after a custody matter has ended, it may not really be over. Sometimes new issues come up that cause a parent to rethink the current custody arrangement. This can be done through a Motion to Modify, which asks a court to change a custody and visitation arrangement. There are some standards that have to be met in order to qualify for a modification of custody – primarily, there must be a “substantial and material change in circumstance”. This means a major change has happened that makes a modification to the current arrangement a necessary thing.
WHAT’S A “MATERIAL CHANGE”?
A material change that a custody modification can be based on means that something in one parents’ home has changed so much that it is not in the children’s best interest to remain in that parents’ home. This can be anything from domestic violence to simply failing to appropriately care for the children, The standard is that whatever is going on is not in the “best interest” of the children. Our attorneys can evaluate your situation and advise you about possible ways to modify your custody decree.
The attorneys at Naidu Law are highly skilled in all types of custody actions, including modifications. Call our offices to schedule a consultation with one of our attorneys, or send us a message through our contact form!