Matters related to child custody are often the most contentious during a divorce. Thankfully, you and your former spouse were able to reach an agreement fairly quickly.
On paper, you felt like the custody arrangement would work. Unfortunately, the reality has turned out to be much different and the current custody order is not working at all. What are your options in such a scenario? When will the family court consider modifying a custody order?
Is your child in danger?
Your ex is a good person deep down but you were worried about their drinking habits while you were together. In fact, this was part of the reason why you separated. The court didn’t see evidence of any addiction at the time of the divorce, but circumstances have changed now. You have compelling evidence that your ex has developed a drinking problem and it’s ultimately putting your child in danger.
You don’t want to strip your ex of custody rights altogether, but you do think that supervised visitation would be useful until they get back on their feet. This is something that the court can put in motion.
A pattern of breaking the agreement
Life can throw up unexpected events and this is the same for everyone. If you or your ex run late one day for the pickup or drop off of your child, then it’s really not a big deal. However, if it becomes a habit then it could be more of a problem.
If your co-parent doesn’t turn up on their allocated days or keeps your child longer than they are supposed to on a regular basis, then this could be grounds to have custody modified. Custody orders are legally binding and refusal to adhere to them could force the family court to make modifications.
Dealing with custody disputes isn’t easy but you don’t have to go through it on your own. Having legal guidance behind you can help ensure that the best interests of your child are prioritized.