You and your former spouse came to the difficult decision to pursue a divorce. Despite not being easy, it was best for everyone. You were able to settle negotiations regarding the distribution of property, and there is also a child custody arrangement in place.
Unfortunately, in recent weeks, the custody order no longer seems fit for purpose. Is it possible to modify the custody order?
Has the order been breached?
Life can throw up unexpected events, and it’s possible that one parent may miss a visitation day or be late in collecting the child. One-off events like this are typically not enough to have the custody order modified. Nonetheless, a repeated pattern of such behavior could convince the court to make some changes.
The stability of the child
When deciding on custody orders or modifications, the court will always look at the best interests of the child. There is no uniform definition of what this is, but stability is a big part of it. If your child’s grades are suffering or they have mental health issues related to the divorce, then the court may look into how the custody order can be modified to provide them with more stability. This could even be a temporary modification until the child begins to recover.
If the custody order isn’t working out, then it’s important that you don’t breach it without first applying to the court. The order is legally binding until the point that the court agrees to modify it. Seek some legal guidance to find out what options are open to you.