How To Get Child Custody Modified

If you’re worried about your child’s safety or well-being in another home, you would want to do everything you can to protect your child, even if that means getting a child custody modification. 

It can be difficult to modify a child custody agreement. There are three key factors to keep in mind when considering applying for a modification. The most important thing to know is that the court will often require proof that all three factors have changed since the initial custody agreement. 

The custody modification process is a legal procedure that must go through a judge. If you’re interested in pursuing a custody modification, we recommend working with a lawyer to help you follow all procedures to get the best outcome. 

Campbell Law has helped hundreds of parents throughout Mississippi. If you are exploring how to modify child custody, contact Campbell Law today to find out how we may be able to help you.

What Is Considered When Modifying Child Custody

To obtain a modified child custody order, there are certain factors that must occur and the timeline of changes is equally as important. Additionally, the factors that are creating the need for a custody modification must have occurred since the initial custody order was given. 

“To successfully move to modify custody of a child, a noncustodial parent must prove (1) that a substantial change in circumstances has transpired since the issuance of the custody decree, (2) that this change adversely affects the child’s welfare, and (3) that the child’s best interests mandate a change of custody. McDonald, 39 So.3d at 880 (¶ 37).”

Material Changes

Material changes should be substantial and material and must occur in the custodial home. A change in the non-custodial home will not suffice. Make sure to write these changes down, including the dates the changes occurred and the facts surrounding the changes. Write down potential witnesses and/or potential documents that may be used at trial. This will help you remember all the facts, make your lawyer’s job easier, and move your case along quicker. 

These changes can mean a variety of things and leave room for a range of custody modifications. Some examples of changes can include a parent frequently getting a child to school late, a new significant other around the child, one parent moving, or a parent having a new work schedule. Usually, one is not enough, but it could be depending on your particular case.

Adverse Effect

Ask yourself how the material changes you described above negatively impacted the child(ren). How can you show a judge this adverse impact? Think of witnesses or documents that could support this claim. For example, a teacher could testify about declining grades, behavioral issues, and absent parenting by the custodial parent. You could use medical documentation to show that the custodial parent failed to provide proper care or supervision, resulting in medical treatment. This is often the most difficult prong in a modification case. There should be a causal connection between material changes and the adverse effects.

To prove the adverse effect of the changes, you have to show that the material changes negatively impact the child. You can use witnesses or documents to prove this. 

Best Interest

The best interest of the child is the third prong considered in custody modification. It’s important to note that to get to this step, you must have already proved material changes and adverse effect. If you are unable to prove the first two prongs, the Court will dismiss your custody case or deny your petition. Modifying custody always centers on what is in the best interest of the child involved, which the Court determines with help from the Albright Test.

Factors of the Albright Test

The Albright Test is a set of factors that the court looks at to assess whether changes are in the best interest of the child for custody to be modified. 

“A modification of custody is warranted in the event that the moving parent successfully shows that an application of the Albright factors reveals that there had been a material change in those circumstances which has an adverse effect on the child and modification of custody would be in the child’s best interest.” Johnson v. Gray, 859 So.2d 1006, 1013 (¶ 33) (Miss.2003) (citing Sanford v. Arinder, 800 So.2d 1267, 1272 (Miss.Ct.App.2001)).” See Hall v. Hall, 134 So.3d 822(Miss.Ct.App.2014)”

The factors of the Albright test consist of:

• Age, health, and sex of the child
• Which parent had continuity of care prior to separation
• Which parent has the best parenting skills
• Which parent has the willingness and capacity to provide primary childcare
• Employment of the parent and responsibilities of that employment
• Physical and mental health and age of the parent
• Emotional ties of the parent and child
• Moral fitness of the parents
• The home, school, and community records of the child
• The preference of the child at an age sufficient to express a preference
• The stability of the home environment and employment of each parent
• Other factors relevant to the parent-child relationship

The court will look at these factors to determine if a modification is right for your child. Working with an attorney can help you know the information, documents, and proof the court needs for these different factors along with how to build your custody modification case.

When to File for Custody Modification 

There are a few things that might cause you to modify a custody order and things that you should look out for if it’s something you are considering. 

If changes in another parent’s home are upsetting your child, it’s a good idea to start seriously looking into modifying your current custody arrangement. While a child’s feelings or decisions are not enough on their own to modify a custody order, they are important.

Changes to a work schedule that leave a parent little time to parent or be with the child are also a good time to consider filing for custody modification.

Understandably, you are always looking out for the best interest of your child or children. If there are bad influences or circumstances that you are concerned about your child being around, looking into modifying your custody agreement is a good idea. Negative circumstances in a parent’s home, such as abuse, neglect, or alcohol or drug abuse, are not home situations that your child should have to deal with.

Possible Outcomes of Custody Modifications 

After you file a petition to modify custody and your motion is considered by a judge, your custody can change in a couple of ways. Depending on the circumstances, when custody is modified, a parent could lose all physical custody but maintain joint legal custody. This means the other parent could lose all right to physically have the child at certain times while maintaining the legal right to make decisions for their children.

The difference between physical and legal custody is important when thinking about custody modification. Custody modification typically only deals with physical custody, whereas legal custody has to be addressed separately. 

Another potential outcome is a change to the physical custody schedule. This would mean that both parents would maintain joint legal and physical custody but with a different physical custody schedule. Changing the custody schedule is a suitable solution for children that aren’t experiencing negative changes in a parent’s home but may be experiencing a work schedule change where the parent has less time to be present.

Speak With a Child Custody Attorney Today

If there has been a change in a parent's home that is negatively affecting your child, you can modify your custody arrangement in an effort to create a better situation for your child. 

The custody modification process can be long and difficult, especially for someone who isn’t familiar with the legal procedures and nuances. An experienced child custody modification lawyer like Jason Campbell may be able to help you through the process, from filing the motion to ensuring your rights are protected and upheld. 

If you are looking for assistance in modifying your custody order, contact Campbell Law for a free consultation to discuss how we may be able to help you.