When parents divorce or separate, a formal custody order needs to be entered to determine which parents have legal custody and which parents have physical custody. Legal custody determines which parent(s) can make decisions about a child’s health, education, and welfare, including where the child attends school and which doctors the child sees when he or she is ill. Physical custody determines where (with which parent) the child stays every day of the year.
Many different types of legal and physical custody arrangements are possible. Parents in Southaven can negotiate an agreement, which is then made part of a formal order, or the court can decide the terms of the custody order. Once there is a formal court order, the terms of the order can only be changed if certain conditions apply and if the court enters a formal modification of the order. Again, the parents can negotiate a modification, or the court, after a hearing, can decide whether to grant a modification and the terms of the modification.
The general test for modifying a custody order, according to the Mississippi Bar Association, is a material change in circumstances. Courts don’t want parents seeking modifications for every minor change – only major changes. The change in circumstances must affect the child/children to their benefit or detriment. Any modification must be in the child’s best interests.
Can I modify my Southaven custody order if I lose my job?
First, it’s important to understand that a custody order determines the rights of each parent to raise and spend time with their child. A support order is separate from a custody order. A support order determines how much the parent who spends less time with the child pays the other parent to provide for the needs of the child such as a place to live, food, clothing, education, and medical expenses.
When you lose your job, you’re first likely to want to modify the child support order because you don’t have a current income.
If you lose your job, then (until you find a new job), you will have more time available, which means you’ll have more time to spend with your child. A parent who loses his/her job can request a modification of a child custody order and the terms of any visitation because of this increased availability – though the terms of any modification (if granted) will likely be subject to another modification when you find a new job.
Can I modify my custody order if I move?
If either parent moves, that parent is likely to request a modification if the move is to another state or another county. Likewise, the parent who is not moving may object to changing the order unless a new order protects the child’s best interests and the non-moving parent’s ability to enforce any new order when the child is in the new location.
When considering the modification, the court will consider the same factors that are used to decide initial custody decisions such as the age and health of the child, the emotional ties between each child and each parent, the educational needs of the child, the child’s preference if the child is 12 or older, the employment responsibilities of the parents, and many other factors.
Some of the practical issues that a court will consider are:
- Which parent has primary physical custody? For example, a parent who has visitation rights can only request more visitation time. The question will be how to adjust the visitation rights since long distances make weekly or biweekly visitation exchanges impractical. The DeSoto County court family judge will likely order longer vacation and summer stays in exchange for less frequent visitation arrangements.
- If the parent who wants to move has primary physical custody of the child, the request for the modification is more likely to be contested because the move means uprooting the child away from his/her school, family, friends, and activities.
- How will disputes be enforced? Generally, the parent who is not moving will want DeSoto County to decide any disputes – not the county or state where the parent is relocating.
Can I modify my custody order if I remarry?
Parents do have the right to know the environment their child is staying in when the child is with the other parent. Custody orders may be subject to modification if one parent believes the relationships of the other parent may adversely affect their child. A marriage may be grounds for changing a child custody order because the marriage shows a parent is more stable and has someone to care for the child when you’re at work.
Alternatively, if the child’s other parent has concerns about the person you’re marrying, the other parent may contest any attempt to seek a broader custody order and may even seek to limit your current custody order.
What other events justify the modification of a custody order?
The best interests of the child always come first. Any change in circumstances that might reasonably adversely affect a child is grounds for seeking a modification. These grounds include substance abuse by either parent, incarceration of either parent, or any condition that might mean a parent is not providing the care, love, support, and discipline the child needs.
If you have a child through a new relationship, that could limit your ability to spend time with the child named in the custody order. Alternatively, a new child may mean the child named in the custody order now has another family member to bond with.
Each modification is judged on the unique set of family conditions that affect your child. There are pros and cons to every modification request.
At Taylor Jones Taylor, our Southaven family lawyers have the experience and reputation to represent families and children in every aspect of a divorce, child custody order or modification, and child support order or modification. We represent families throughout Olive Branch, Southaven, Hernando, and other Mississippi areas. To discuss any family law issue including child custody modification, call us now or complete our contact form to schedule a consultation.
Benjamin L. Taylor is a lifelong resident of DeSoto County and has distinguished himself in the area of products liability and personal injury law. He has a reputation as a fierce advocate for his clients and has obtained millions of dollars in verdicts and settlements over his career. He has been listed in the publication Super Lawyers of the Mid-South in the area of product liability. To learn more about Mr. Taylor, please refer to his biography page.