The terms of a custody order include an overall breakdown of parental rights and responsibilities. Parents typically need to abide by a division of parenting time that allocates a certain percentage or number of overnight stays to each adult.
Sometimes, the courts divide custody relatively evenly. Both parents have a liberal number of nights with the children. Other times, one parent receives far more parenting time than the other. Uneven custody arrangements may be the result of direct negotiations between parents or litigation.
When custody terms favor one parent over the other, it is sometimes possible to request a modification that increases parenting time. What are some of the scenarios that warrant a custody modification?
1. Changes in schedule or profession
Sometimes, parents reach an agreement to maintain an imbalanced custody arrangement because one parent has a more demanding schedule than the other. If they eventually obtain a different job or transfer to a different shift, they may be able to request an uncontested modification by cooperating with their co-parent.
2. An improvement in personal circumstances
In both agreed and litigated custody cases, personal hardship or instability can lead to an uneven distribution of parenting time. If one parent has mental health challenges, anger issues or challenges related to substance abuse, they may not be in a position to share parenting time evenly.
Once they address the issue and improve their circumstances, they may be able to request that the courts review the custody order and modify it to reflect their improved personal circumstances. Those who can show they have changed for the better can ask the courts or a co-parent to approve more parenting time.
3. When there are issues with the other parent
Sometimes, one parent fails to consistently show up for their parenting time. The other parent might be able to request an increase in their allocated parenting time because the other parent does not show up for the children. Other times, issues with instability or neglect might lead to one parent asking the courts to increase their allocated parenting time to protect the children from an unsafe situation.
Parents can theoretically agree to an amicable custody modification at any point through cooperation. In scenarios where they do not agree, a litigated or contested modification may be possible.
The end of a divorce does not lead to a custody arrangement that is set in stone. Gathering evidence that shows how circumstances have changed can help parents optimize how much time they have with their children.