Parenting might not always work out, even if you have shared custody of the children with your co-parent. You may find it difficult to discharge your parental duties when your co-parent is constantly flouting the terms of the custody order.
In such a case, the court can modify the current custody orders to ensure that you are both involved in the upbringing of the child.
When can this happen?
The court will only modify custody orders if there has been a drastic change in circumstances in either the children or the parents and the modification is in the children’s best interests.
For instance, if your co-parent is abusive towards the children and their physical and mental well-being is at risk, the court will protect them by modifying the existing custody orders.
You need to prove your claims
Usually, courts will not rely on hearsay to change custody orders given that such a request may arise from differences with your co-parent. In addition, your co-parent is likely to deny your allegations to keep things as they are.
Therefore, you will need to prove to the court that the current arrangement is not looking after the children’s interests. Having evidence of your claims will go a long way in convincing the court to modify the custody orders. Keep a diary, keep text messages or emails and try to keep track of who may have personally witnessed any problems.
Safeguarding your parental rights
If your co-parent is violating your rights, you need to take action. Should your efforts to reinforce the custody orders prove unsuccessful, it may be time to pursue a modification.
Learning what to expect when modifying custody orders will help you prepare yourself with all that you need and increase your chances of success.