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There’s no guarantee that a Memphis judge will agree to a child custody modification

On Behalf of | Nov 27, 2020 | Family Law

If you’re unhappy with how your ex raises your child or how much time they spend with them, then you may feel inclined to make changes to your child custody agreement. However, you can’t seek a child custody agreement modification for just any reason. You must have solid reasons for doing so.

The judge’s top priority

The court’s primary objective is to make decisions that are in the best interests of your child. Most judges take this to mean that they should find a way for your child to spend equal amounts of time with both parents and that they should minimize disruptions. Judges also see it as their job to look out for your child’s health and safety. They’re often quick to impose emergency orders if they believe that a child is in immediate danger.

Other situations in which family law judges may order or approve custody modifications

The Memphis family law judge presiding over your case may order a custody modification if your ex can’t give a valid reason for why they don’t seem to be able or willing to abide by the schedule that’s in place.

A judge will likely order a modification to the existing court order if a parent passes away unexpectedly. The court will likely attempt to first place the child with their non-custodial parent in such instances. They often consider other options if there’s some estrangement or physical distance between parent or child or if a child desires to live with a non-parental third-party.

Courts also may approve custody modifications when parents plan to relocate far away from their current home base. However, judges generally probe moving parents about the reasons for their relocations, their willingness to commit to a new visitation schedule and the impact the move will have on their kids’ social lives before entering modifications.

How to justify a custody modification

Most Tennessee parents aim to do what’s best for their child. It’s not always easy deciding and arguing for what’s right, though. A compassionate family law attorney can advocate for you and what’s in your child’s best interests in front of a Memphis judge when it matters most.