For a lot of people, their children are the most important thing to them. This means that child custody and visitation can become a focus point during the divorce process. Yet, even once you reach some sort of resolution regarding child custody, whether through negotiation or litigation, you could still run into issues. When this happens, you might be justified in taking legal action to seek child custody modification.
When is child custody modification warranted?
Under Alabama law, child custody modification is warranted when there has been a material change in circumstances. This is a broad, far-reaching standard that leaves a lot of room for argument. A parent’s sudden financial instability, parental substance abuse, a child’s exposure to domestic violence, parental incarceration, and parental alienation can all constitute a material change in circumstances. But the burden of proving a material change in circumstances falls on the individual who is seeking the modification, so keep that in mind as you move forward with your case.
What can I get out of a child custody modification?
Modification can touch any aspect of child custody. It may restrict visitation, such as by requiring that it be supervised or placing contingencies on it like clean drug screens. In some instances when the change is severe, you may even be able to have the parent’s visitation suspended. If you’re a non-custodial parent, then a material change in circumstances might warrant giving you more visitation or flat out changing the arrangement so that you have primary physical custody.
Be prepared to advocate for your position
Oftentimes there are a lot of emotions wrapped up in child custody cases, which is to be expected. After all, there’s a lot at stake. But these emotions can sometimes cloud judgment or allow individuals to lose focus of the legal arguments they need to advance their position and advocate for their children. That’s why experienced and skilled legal teams like ours stand ready to assist throughout your child custody dispute.
