One of the main forms of family law cases are child custody battles. Mom and Dad may no longer wish to exist together so it is up to the court, with some input from the parents, on what happens to the child. Some parents come to an understanding and the custody debate is easy and forthright, but many are down-and-dirty battles. Even if one parent wins initial custody, parenting time, or child support, these negotiations are not likely to remain stagnant.
So, what are some circumstances in which initial custody negotiations are changed?
One of the largest modifiers to custody is a significant change in parents’ lives such as income level or housing location. Significant changes in parents’, and in some occasions the child’s, lives begin conversations on modifying previously agreed upon custody, parenting time, or child support.
We will discuss the most common reason behind modifying custody, parenting time, and child support in more detail below.
Child Custody
Child custody refers to the legal guardianship of the child, such as which parent the child lives with and the decision power dynamic between the parents in the child’s regard. While custody may be set at the initial discussion with the court, custody can change over time. Below are some reasons why custody may change:
• The child’s current living arrangements are not in their best interests
• One of the parents has moved far away and it is no longer practical for the child to continue living with them
• There has been a significant change in circumstances, such as one parent getting a new job that requires them to work long hours or being deployed in the military
• One of the parents has engaged in behaviors that are harmful to the child, such as substance abuse or domestic violence
Parenting Time
Parenting time refers to the amount of time that is allocated to each parent during a week or a month. For instance, the judge may mandate that the child live with one parent but allocate the other parent a certain amount of child-parent quality time, such as every other weekend or every other week. Below are the most common reasons why the court may modify parenting time:
• One of the parents has consistently failed to exercise their parenting time as agreed upon in the original custody order
• One of the parents has relocated and it is no longer practical for them to have the same amount of parenting time as before
• The child’s schedule has changed significantly, such as starting a new school or becoming involved in after-school activities that conflict with their parenting time
Child Support
Child support refers to the amount of money one parent pays to the other, typically to the parent the child lives with most of the time, to pay for the child’s needs to survive and thrive. Child support depends on the income of both parents and their expenses. Below are common reasons why child support may change throughout the years:
• One of the parents has experienced a significant change in their financial circumstances, such as a job loss or a significant increase in income
• The child’s needs have changed, such as starting a new school that requires additional expenses
• There has been a significant change in the amount of parenting time each parent has with the child, which can impact the amount of child support that is paid
Conclusion
It is important to note that the above reasons are not exhaustive, and a judge may consider other factors when deciding whether to modify child custody, parenting time, or child support. Additionally, the specific laws and procedures for modifying these orders can vary by state, so it is important for parents to be familiar with the laws in their jurisdiction.
Get Representation for Your Family Law Issue
Our divorce and family law firm in Jackson is committed to providing expert representation and guidance backed with vast experience in Michigan divorce laws including child custody. Our divorce lawyers are prepared to listen and guide you through a difficult time while securing your rights and interests.
The Law Offices of Rappleye & Rappleye handles all aspects of legal issues pertaining to child custody including sole, joint, termination and adoption, as well as grandparents’ rights. Call today for a Free Consultation.