Modifying Child Custody After a Divorce

Changing a custody order in South Carolina requires that you show a substantial change in circumstances. Any proposed changes are decided based on whether they are in the best interest of the child. More specifically, the court will consider whether the change will benefit the child’s developmental, medical, educational, and emotional needs. Although there is no predicting a judge’s ruling, retaining skilled counsel can help you build a strong case.

Modifying a custody order in South Carolina is a legal process that requires that you adhere to specific laws. At Parker & Bain, LLC, our Gaffney, SC, family law attorneys understand that life changes can make it necessary to modify an existing custody order. To understand your legal options thoroughly, you need to work with a child custody attorney.

Reasons the Court May Modify an Existing Order

Life is rarely static, making it necessary to change the terms of an agreement sometimes. The court recognizes that there may be circumstances in which a custody order may need to be modified. The court is inclined to approve a custody modification when there is a substantial change in the life of a parent or child, with a change promoting the ideal situation for the child.

Common reasons that a custody order may be modified in Gaffney, SC, include:

• A parent has relocated due to work, remarriage, or family obligations, such as taking care of an elderly parent or relative.
• A significant increase or decrease in income due to a job loss or medical issue causes the parent to take a lower-paying job or to work reduced hours.
• A child has been born to either parent.
• One parent has sustained a severe injury or mental illness.
• A parent has been convicted of a crime.
• One parent has remarried.
• The developmental, medical, educational, or emotional needs of the child have shifted.
• Circumstances have changed, which changes how much time a parent can spend with the child.

The court will review the existing order to determine what terms should be modified to address the needs of the child. A judge uses the best interests of the child standard as a framework before issuing a final decision. If your child is 14 years of age or older, a judge is more likely to consider your child’s preference of who they would like to live with. However, your child’s wishes will only be one factor considered in the court’s decision. Seek guidance from an experienced child custody attorney to assess your situation and determine if a modification is warranted.

Legal Process of Modifying a Custody Order

The court is interested in providing a nurturing, loving, and stable environment for each child. If both parents agree on the modification, then they can file a joint petition to modify an existing order, which a judge is likely to approve. However, in situations in which a divorced couple does not agree, you must seek counsel. The court prefers not to be bothered with trivial issues, instead granting a modification only when necessary. A successful claim requires that you show the court how the changed circumstances impact your child’s overall well-being, making it essential to modify custody arrangements and/or visitation rights.

Change in Circumstances? Contact a Gaffney, SC, Family Law Attorney Today

A significant change in circumstances often calls for re-evaluating the terms of a custody arrangement. We know that you hold your child’s needs above all else, but agreeing on a custody order modification can be challenging. At Parker & Bain, our team of lawyers has helped families reach solutions that create agreeable terms for each family based on their unique situation. Our legal team has assisted hundreds of families in streamlining the legal process for modifying court-ordered custody. To arrange your consultation with a Gaffney, SC, family law lawyer, contact us online or give us a call at (864) 252-2650.