REASONS A JUDGE WILL CHANGE CUSTODY
There are many reasons a judge will change custody. In this article, we will discuss the situations which take place more frequently in the family law cases for such change.
Generally, child custody that works conveniently for both parties will not be changed by the judge. The child’s best interest is always the main criteria for the judge to consider when one of the parents would ask the court to reconsider the previous order for whatever reason.
Straight to the major reasons why a judge will change custody.
- REASONS A JUDGE WILL CHANGE CUSTODY related to imminent danger to the child
One of the reasons a judge will change a child’s custody is if the child is in immediate danger to the child in the current household. In assessing the danger of the child, the judge will consider the following two factors:
First, domestic violence on the part of the custodial parent or domestic violence on the part of someone in the household.
Second, child neglect on the part of the custodial parent
If the custodial parent becomes abusive to the child or other people in the household in the presence of the child, it would be number one among the reasons a judge will change custody. An example would be if the mother lives with her child and a boyfriend. If the boyfriend abusive to the child and the mother is doing nothing about it, the child custody modification should be considered. Another case scenario is a mother living with a boyfriend who is beating and choking her anytime he gets drunk in the presence of the child. The child sees his father during his custodial time and complaining that he is scared anytime that happened. The father can ask the court to modify child custody.
If one of the parents starts having problems with drugs or alcohol abuse and it impacts children in any way.
If the custodial parent opens the child to any form of abuse or neglect the child needs depriving the child’s right to live a happy and blissful life, the judge will always change the child custody. The child’s well-being is always the priority.
- A parent moves from a different state.
There are multiple case scenarios for the reasons a judge will change custody when one of the parents moves out of the state. We have already discussed the situation when non-custodial parent moving out of the state
Moving custodial parent out of the state would create difficulties for not custodial parent to see the child on a regular basis. The schedule and timeshare needs are modified. A visit can be changed from having children during the weeknight to every weekend if parents can afford to pay for flights or long-distance driving. Another alternative is a 6-9 day visit every 3 months for younger children not in school. Usually, the judge would be favorable to modify if there is a very serious reason for moving out of the state. If non-custodial parent is moving out of the state without significant reason, the judge would not be favorable to keep the same time share if it negatively impacts the child’s life.
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- A parent’s living situation have changed
Reasons a judge will change custody could be a significant change I a parent’s living situation. For example, one parent used to live in his relative’s house with multiple bedrooms and separate bath, but such option is no longer available and he needs to rent a room with shared bathroom, so he/she is not able to make children comfortable staying overnight.
The positive changes could be reasons a judge will change custody. For example, father used to stay in re-hub center for recovery from drag/alcohol abuse and he is sobor for half year, renting a big house with separate bedroom for children would be a ground increase his time share with his children.
- If a parent is not following a court order.
If one of the parents completely or partially ignoring the court order for child visitation , When his time is to pick up children, he does not do it or does not contact another parent regarding visitation or taking children and returning much earlier then the ordered times. If those repeated patterns continue for months or years, those are reasons a judge will change custody.
Another set of reasons a judge will change custody is one of the parents is trying to prevent children from visitation with other parent. It could be done directly – making unreasonable excuses to prevent visitation. It could be done indirectly through influencing children to refuse seen another parent, The parent who is trying to separate a child from the other wound not be favored by the judge.
- Continuity and stability.
Judges are always concerned about the well-being of the children at all costs; therefore, a parent who starts acting mentally unstable having irrational behavior with the child will have a low chance to win a custodial case. If the other parent who requests child custody has a better capability to take good care of the child and provide more emotional stability it would be the reason a judge will change custody. However, if the child is exposed to harm or any case of trauma in both parents’ home, the judge will consider a third-party custodial parent in this case.
- Death one of the parents
Obviously, in cases whereby a custodial parent dies or becomes incapacitated those are reasons a judge will change child custody. The judge will determine whether the surviving parent will be able to assume full responsibility for the child or the third party must be involved in the custody of the child.
The Child’s Wishes
The child’s own preferences, particularly if they are of sufficient age and maturity, are considered by the court. If the child’s preference aligns with evidence of a safer or more stable environment, it can influence the judge’s decision.
Parental Involvement and Commitment
A judge may modify custody if one parent shows a consistent pattern of disengagement, such as failing to participate in school activities, medical appointments, or other significant aspects of the child’s life. More engaged and attentive parents may be favored to benefit the child.
Educational Needs
The child’s educational stability is crucial. If one parent’s living situation or decisions negatively impact the child’s education—such as frequent moves or lack of support for school activities—a judge might change custody to ensure a more stable and supportive educational environment.
Financial Stability
While financial difficulties alone are not typically a reason to change custody, significant financial instability affecting the child’s well-being may be considered. For example, if financial troubles lead to frequent evictions or inability to provide basic needs, the court may decide a custody change is necessary.
Mental and Emotional Health
A judge will consider the mental and emotional health of each parent. If one parent is struggling with severe mental health issues that are not being adequately managed, it could impact their ability to provide a safe and nurturing environment for the child, prompting a custody change.
Relationship Dynamics
Substantial changes in the parent’s relationship dynamics can prompt a custody change. For example, if a previously amicable co-parenting relationship becomes highly contentious, negatively impacting the child, the judge might modify custody to reduce the child’s exposure to parental conflict.
History of Domestic Violence
California law mandates that any history of domestic violence or abuse must be heavily weighed in custody decisions. Even if past incidents have been addressed, ongoing concerns or unresolved abusive behavior can lead to a change in custody to protect the child from potential harm.
Parental Alienation
If a parent is found to be deliberately creating barriers to the child’s relationship with the other parent, this behavior, known as parental alienation, can be grounds for modifying custody to ensure a healthy and balanced relationship with both parents.
Extended Family and Support Systems
A judge might favor a custody arrangement that places the child in an environment with a broader support network, including grandparents, aunts, uncles, and close family friends, who can positively contribute to the child’s upbringing.
