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When Could A Judge Change A Child Custody Order?

On Behalf of | Mar 31, 2023 | Parenting Plans And Parenting Time

Life is unpredictable, and many changes could continue to take place even long after your divorce is final. It is possible that these changes could eventually impact your ability to adhere to the terms of your custody agreement, or your original agreement may negatively affect your children. There are times when it may be in the best interests of your kids to seek a change to your current custody and visitation order. 

Custody and visitation orders are court orders, which means you cannot simply decide to change it or do something differently without the right approval. Even if you and the other parent agree to an adjustment, you will still need to follow the appropriate legal steps. It may be helpful for you to learn more about when a Nebraska family court may approve a change to your existing order. 

Reasons for a custody order modification 

There are certain reasons why a court may approve a change to an existing custody and visitation order. The intent of these agreements is to provide a sense of stability and continuity of lifestyle for the children, and changes could interfere with that. However, in the following situations, the court will consider a modification: 

  • Both of the parents agree to the change and have requested the change. 
  • One of the parents is relocating to a new town or state. 
  • The two parents have demonstrated an inability to coparent together. 
  • There is evidence of abuse or neglect from one parent. 
  • One of the parents is not following the terms of the custody and visitation order. 
  • The child has new needs he or she did not have when the divorce was final. 
  • There has been a significant change in the circumstances of one parent. 
  • The children have expressed a preference regarding their living arrangements. 

A judge will carefully review all of the documentation and evidence presented before deciding to grant a modification request. Both parents have the right to seek changes or protest potential changes. 

Do you have a valid reason? 

If you believe that a modification to your existing child custody or visitation order is necessary, you may benefit from speaking with a professional about your legal options. It will be helpful to understand your parental rights and how you can provide your kids with security and stability through the terms of a reasonable and sustainable visitation schedule.