Life changes, and so do the dynamics of child custody arrangements. The present custody orders may no longer align with the current reality, necessitating a modification. Fortunately, custody orders in Michigan are not permanent and can be adjusted when necessary.
Modifying child custody orders is a legal process, and it helps to understand how things work beforehand if you are co-parenting. Here is what you need to know.
There must be a substantial change in circumstances
When seeking a modification of custody orders, you must demonstrate a material change in circumstances since the present orders came to be. This is because of the potential effects on the child’s stability caused by the change in living arrangements. Such substantial changes may include:
- A parent’s relocation
- Changes in either parent’s parenting capacity
- Repeated violations of the existing orders
- Changes in the child’s needs
- Concerns about the child’s safety, among others
Presenting evidence that illustrates how the situation has drastically changed can increase your chances of a successful outcome.
The modifications must be in the child’s best interests
Family law courts always prioritize the child’s welfare when issuing or modifying custody orders. Therefore, you must show how the changes you propose to the custody orders are in the child’s best interests.
The custody modification process in Michigan depends on whether you agree with your co-parent on the changes sought. If you are both on the same page, it can streamline the process by reducing the formalities involved. Otherwise, you must go through the court process of modifying custody orders should alternative resolution mechanisms like mediation fail.
Reaching out for qualified legal assistance can provide invaluable guidance during the modification process and help you take informed action to protect your child’s well-being and parental rights.