When Can You Request a Custody Modification?
When it comes to child custody, the arrangements that work today may not always suit your family’s needs in the future. Life changes, children grow, and situations evolve—sometimes, it’s necessary to revisit and modify custody agreements.
Whether it’s due to a change in a parent’s living situation, a child’s wishes, or a change in the parent-child relationship, the process of requesting a custody modification can feel overwhelming. However, this process prioritizes the best interests of your child, and Kansas courts recognize that life is fluid.
At Oleen Law Firm, we have guided countless families through child custody and other family law matters. We understand how critical these decisions can be for a family’s well-being. Located in Manhattan, Kansas, our firm serves Manhattan, Junction City, and the surrounding areas.
If you find yourself in a situation where a change in custody might be necessary, we can guide you through the process with care and professionalism.
When Can Custody Be Modified?
In Kansas, custody arrangements are made based on the best interests of the child at the time the decision is made. However, as life circumstances change, so might the needs of your child. Custody modifications aren’t taken lightly by the courts, and they require a valid reason to make sure that the child’s best interests are still being served.
Here are some of the most common reasons why parents might request a modification to their custody arrangement:
Significant Change in Circumstances
When there is a substantial change in either parent's life that affects the child, the courts may agree to a modification. Significant changes might include:
Relocation: If one parent moves to a new location that significantly affects the child’s life, a custody modification may be necessary to maintain the child’s relationship with both parents.
Job change: A change in employment can impact a parent’s ability to provide care for the child.
Health issues: If a parent’s health condition changes, it may affect their ability to care for the child, necessitating modifications to protect the child’s well-being.
Changes in a child’s needs: As children grow, their emotional, physical, and educational needs may change, and the current custody arrangement might no longer meet those needs.
If you're facing any of these life changes, we can help determine whether a modification is necessary and possible.
The Child’s Wishes
In Kansas, children aged 14 years or older are generally allowed to express their preference in custody matters. While the court doesn’t automatically change the custody arrangement based solely on the child’s preference, the court will consider the child’s wishes alongside other relevant factors, such as:
The child’s maturity level: If the child is older and more mature, their opinion may carry more weight.
Reasons for the child’s preference: Courts want to understand the reasoning behind the child’s wishes to see if they’re rooted in valid concerns or personal preferences.
If your child has reached an age where their preferences matter, you can request a modification based on their desires, especially if it aligns with their well-being.
Parents’ Inability to Fulfill Their Custodial Duties
Sometimes, one parent may fail to uphold their responsibilities as a custodial parent. This can be a reason to request a modification. Factors to consider include:
Substance abuse: If a parent is struggling with drug or alcohol addiction, it can significantly affect their ability to care for the child.
Domestic violence or abuse: If there are concerns about the safety of the child, whether emotional or physical abuse is involved, the courts can make necessary modifications to protect the child.
Incarceration: If a parent is incarcerated for an extended period, the court may modify custody to make sure that the child’s living situation remains stable.
These situations can be intensely emotional and challenging. We can help you explore your options and work toward a solution that safeguards the child’s best interests.
Parental Consent
In some cases, both parents may agree that a custody arrangement should be modified. If both parties agree to change the arrangement, it can make the modification process much smoother. However, the court will still need to approve the modification to make it legally binding. Some reasons for mutual agreement might include:
A parent’s desire to change the custody arrangement for the child’s benefit.
A parent's choice to voluntarily give up their custodial rights for personal reasons.
Even if both parties agree, it’s wise to work with a custody attorney to make sure the changes are made legally and with the child’s best interests in mind.
Parental Alienation or Interference
In some cases, a parent may attempt to intentionally interfere with the other parent’s relationship with the child, which is known as parental alienation. If this is happening, a modification of the custody agreement may be appropriate. Examples of parental interference include:
Preventing the other parent from seeing the child.
Falsely accusing the other parent of abuse.
Encouraging the child to reject the other parent.
If you suspect parental alienation, you must act quickly to protect the child’s relationship with both parents. We can help determine the best course of action.
Requesting a Custody Modification: The Legal Process
If you believe you have grounds for requesting a custody modification, the next step is to file a motion with the court. This legal process typically includes the following:
Filing a petition: The parent seeking modification must file a petition with the court, detailing the reasons for the modification.
Serving the other parent: The other parent must be notified of the petition and given the opportunity to respond.
Court hearings: The court will schedule hearings to consider the request and determine if the modification is in the child’s best interests.
In most cases, it’s critical to have an experienced custody attorney by your side to guide you through the legal process. They can help you gather the necessary documentation, represent your interests, and make sure that your case is presented effectively to the court.
What the Court Will Consider in a Custody Modification
Kansas courts use a variety of factors to determine whether a custody modification is in the best interests of the child. These factors include:
The child’s emotional needs: The court will consider the child’s emotional well-being and which custody arrangement serves those needs.
Parental stability: Courts will look at the stability of each parent’s home life and whether one parent can provide a more stable environment for the child.
The relationship between the child and each parent: How well the child gets along with each parent and how involved each parent is in the child’s life - will play a role in the court’s decision.
How a Custody Attorney Can Help
An attorney can be an invaluable resource throughout the modification process. They can help by:
Providing legal advice: An attorney will help you understand your options and advise you on the best course of action.
Representing you in court: If necessary, an attorney will represent you at hearings, advocating for your rights and the best interests of your child.
Negotiating with the other parent: If both parents can agree on a modification, an attorney can help facilitate that agreement and confirm it’s legally binding.
Working with an attorney who understands Kansas custody law can significantly improve your chances of securing the modification that best serves your family.
Contact an Experienced Family Law Attorney
If you are considering requesting a custody modification, you must understand your rights and responsibilities. Reach out to Oleen Law Firm in Manhattan, Kansas, for professional guidance on how to proceed with your custody modification. Our attorneys possess the knowledge necessary to guide you through the legal process and achieve the best possible outcome for your child. Call our office today to get started.