Want to spend more time with your child following your divorce? You may be in luck. Often, a court’s ruling on child custody or timeshare can be challenged and successfully modified. To succeed, you typically must show that circumstances have changed to the extent that a custody modification is now justified (modifications to custody are generally more difficult to obtain than modifications to timeshare). For example, you may have a new work schedule that allows you to spend more time with your children; you may have moved closer to where the other parent lives; or the child himself may request to spend more time with you.
The court will also consider changing timeshare or custody arrangements if it is determined that the other parent is no longer looking after the welfare of the child. Examples of irresponsible behavior could be anything from allowing the child to skip school to be unaware of a child’s use of alcohol or drugs. In each of these examples, the court will consider whether the lack of judgment by a parent warrants a modification.
Finally, you might be granted a modification of custody or timeshare on the grounds of relocation or “move-away.” If you or your former spouse is planning to relocate with the child, the location change could prompt a court to modify custody. If these situations have been raised in your matter you should consider seeking the advice of a qualified family law attorney right away.