Spartanburg Child Custody Modification Lawyer

Child custody orders are meant to provide long-term stability for children and families after a separation or divorce. Custody orders are based on the best interests of the children involved and seek to serve those interests until a child reaches adulthood. However, life changes can result in a custody order no longer meeting the best interests of the children involved. South Carolina law allows custody orders to be modified within certain guidelines.

A Spartanburg child custody modification lawyer can review your case, help you understand the legal process, and work toward a custody order that better suits your family’s needs. Call an experienced child custody attorney at Holland & Usry today to learn more and get started.

What Are the Most Common Reasons to Modify a Child Custody Order?

Child custody orders aim to give families predictability, but these orders are not set in stone. Courts recognize that life situations can change – often quickly. In these situations, either parent can ask a judge to modify the existing court order to reflect new circumstances.

Some frequent reasons a parent might seek a child custody modification include:

• A parent has relocated to another city, county, or state due to work, remarriage, or other reasons
• A health issue for either a parent or child requires changes in caregiving
• A parent has been convicted of a crime, particularly any crime related to domestic violence, abuse, or neglect
• A parent developed an addiction to alcohol, drugs, or controlled substances
• The needs of a child have changed (such as developmental, medical, or educational needs)
• A child’s age and preferences have changed (a custody arrangement suitable for a toddler might not work as well for a teenager, for example)
• A parent has consistently failed to comply with a custody order

In any of these situations and others, courts can review the current custody order to decide what changes are needed to serve the interests of the children involved. Once it is determined that the change is material and substantial, courts use the same best interest standards under South Carolina Code § 63-15-240 that they use when setting an original child custody order.

As children get older, their preferences might be given more weight, but they remain one of several factors. When changes are needed, our Spartanburg child custody modification attorney can help determine your best path forward.

Legal Grounds for Modification of a Custody Order

Even when a parent thinks good reasons exist to change an order, legal grounds must exist under state law. In South Carolina, a parent must prove that:

1. There has been a substantial change in circumstances. The change must be significant and must impact the child’s well-being. Inconvenience for a parent or disputes between parents do not necessarily mean a change in circumstances.
2. Modification must be in the best interests of the child. Any proposed change must serve a child’s physical, mental, emotional, and developmental needs. A child’s needs will always take priority over a parent’s needs or wishes.

Remember, a child custody order is effective until it is officially modified by the court. Even if you think an order’s term should no longer be followed, you must follow it until a court grants permission to change. A dedicated child custody modification lawyer in Spartanburg can help you take the correct legal steps to change a custody order when needed.

Reach Out to a Spartanburg Child Custody Modification Attorney Today

Life changes, and child custody arrangements must change as well at times. To learn more about modifying your custody order, call a Spartanburg child custody modification lawyer at Holland & Usry today to discuss your legal rights and options.