When a child custody order doesn’t reflect the best interests of a child, it is often possible to modify that custody arrangement. For example, if one parent has become a drug addict or suffers severe mental health issues, the court may change the custody arrangements to ensure that the child has a stable home environment.

In Miami, the law requires that the custody arrangement is in the best interests of the child before the court will grant a modification. This means that the requesting parent needs to be able to prove that the current arrangement is no longer in the child’s best interests.

The simplest way to accomplish this is to file a petition and request that the court consider a modification. However, it is important to note that a judge will not agree to a modification unless it can be shown that a substantial change has occurred.

Major changes in a child’s life are usually the most significant reasons to seek a custody modification. These changes might include the death of a close family member, the remarriage of one or both parents, or the birth of a new child.

Moreover, changes in one’s financial circumstances could also be considered a reason to request a modification. These changes can impact both a parent’s ability to provide for their children and the amount of child support they would be required to pay.

Another common reason to request a modification of a child custody order is when one parent violates the original court order or fails to adhere to visitation schedules agreed upon by both parties. These violations could include refusing to pick up a child or denying parenting time.

Some other reasons to seek a modification are when a parent becomes incarcerated or incapacitated, or if a parent abandons, neglects or abuses a child. These are extreme cases, but they can still be considered a reason to seek a modification.

A parent may request a modification of a custody arrangement if a significant change in circumstances occurs such as a loss of employment or a job transfer. This could include a move from a high-paying job to one with lower wages or a switch to overnight shifts that require the parents to travel frequently.

It is also important to consider the emotional well-being of a child when seeking a modification. The emotional ties between the child and each parent are very strong, and the court can only make decisions regarding custody arrangements that are in the child’s best interest.

Modifications can take a long time, so it is important to plan ahead and be prepared for what is likely to happen when you file your paperwork for a modification. You should discuss all of your options with a lawyer as soon as April or May to avoid delays in the modification process.

Changing a custody arrangement can be an emotional and difficult process, but it is a necessary step to protect the best interests of your child. An experienced Miami divorce & family attorney will be able to help you navigate the legal system and obtain the change that you need.