If you need to modify an existing parental custody agreement, you will need to have any changes approved by the court that issued the original orders. Child custody modification is the term used to describe any substantial changes made to an existing child custody order. The good news is that if you have existing orders, you have already been through the court process, and the modification procedure will be very familiar to you.

You may need to modify your parental custody for several reasons. If you or your former spouse moves to another location, you may need to revise your agreement to maintain your child's school schedule and daily routine. If you or your former spouse loses a job, gets a new job or raise, or has any change in financial circumstances, a modification may be in order.

Another valid reasons for modification include a change in parental work schedule. Switching from a 9 to 5 job to one that requires night or weekend work could trigger a modification. Or, military deployment or relocation. If one spouse is deployed or relocated, custody will need to temporarily be changed to reflect this. A parent may seek a change when they get remarried as well.

Parents should definitely get a modification if there is any evidence of neglect or abuse by either parent. This is cause for immediate action, and an emergency modification or placement may be in order.

Sometimes, the child outgrows the agreement. If the agreement was made when the child was small, and they are now able to be away from their primary residence more often, or are old enough to state a preference, a modification may be required.

You need to have a legitimate reason for the modification. Convenience or complying with the personal wishes of one of the parents is not enough of a reason to modify an existing arrangement that is working.

When you decide to seek a modification of your parental custody, approach the other parent and try to come up with a new plan. If this is not possible, you will at least be able to show the court that you tried to work things out. If you are able to come up with a new plan, you will still need to have it approved by the court.

When you are ready, either you or your attorney will need to file a formal request for modification with the court. The modification needs to be performed by the court that originally created the orders, even if you have moved from the area. A hearing will be scheduled, and both parents will have the opportunity to present their case.

A modification hearing is very similar to an original custody hearing, and a judge will decide your case. As in every child custody case, your modification will only be granted if the changes are in the best interests of your child.

Once decided, you will be supplied with new orders about your parental custody that reflect the changes. Since the process is both expensive and time consuming, you should do everything possible to get the orders you want in the first place, and consider modification a last resort.

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