Custody Changes: Instances That Can Affect Custody Agreements

23 March 2017
 Categories: Law, Blog


When getting a divorce, your separation from your spouse can have a great impact on the children. When it comes to custody, there are several things that will need to be considered in order to keep everything fair for the kids. In some cases, even after the initial divorce process, there may need to be alterations made to original custody arrangements, so it is important that you know what to do if that time comes. The following are some questions you may want to keep in mind with regard to custody changes:

What Happens If You Begin Living With a New Partner?

If you or your former spouse enters into a new relationship while cohabitating without marriage, it could affect your custody. You will want to check the rules in your jurisdiction to see if you are allowed to do so, should the other parent of your child have an issue with another person living in the house with the kids if you are not married. If it becomes a problem, you can go to a mediator to revise the parenting plan. If you or your former spouse can show proof that your new relationship is healthy, free of any illegal activities, and is not disrupting the lives of the children, the initial custody arrangements will more than likely stay.

What Happens If a Former Spouse is Taken Into Custody?

If you or your former spouse is arrested or is found to be involved in illegal acts, the other parent may petition for full emergency custody. Whether or not the other parent will receive sole custody will be based on several things. One important aspect is the nature of the criminal activity. If it was a dangerous crime, such as assault or possession of an illegal weapon, the other parent could get full custody because the activity poses a risk to the children. Non-dangerous charges, such as writing bad checks, are not as dangerous to a custody arrangement. The judge will make a determination on custody based on past behavior and if it is a regular occurrence.

What Happens If a Child Wants To Live With the Non-Custodial Parent?

If a child decides they wish to reside full time with the non-custodial parent, it is possible the change to custody can be made if a judge sees fit to do so. There could be a number of reasons why a child may prefer to live with one parent to another. The judge may consider the child's preference, but this is typically only done with kids of a certain age. Older kids are more likely to be approved for a custody change because judges put credibility into the child's opinion on parent preference.

For more information about child custody and when arrangements may change, contact a custody attorney, such as those at Madison Law Firm PLLC.