Child Custody Modification: What Does It Take?

Child custody arrangements are almost never easy to deal with, legally or emotionally. They become increasingly complex when one parent decides they deserve more time with the child. Modifications of child custody are long, stressful and expensive. You can probably imagine why, as the living arrangements of a child have a large impact on their development, and therefore courts prefer to leave no stone unturned in deciding on the best situation. Unfortunately, many times a parent is not granted custody because the court has some reservation about that parent’s ability to raise a child. The flip side of that coin is that people can change, sometimes for the better. When a parent who has lost custody improves their situation in some way, it may be natural to believe they are entitled to a modification of child custody. While this is certainly a factor, there are others at play in the court’s decision.

Proving a positive change in the non-custodial parent’s life can often be the easy part of a modification case. In order for child custody to be modified, the non-custodial parent must prove there has been a substantial change in the circumstances affecting the child, the change has adversely affected the child’s welfare, and that a change in custody is in the best interests of the child. Johnson v. Gray, 859 So.2d 1006, 1013 (Miss. 2003). Improvement in the condition of the non-custodial parent does not justify making a change. Touchstone v. Touchstone, 682 So.2d 374, 377 (Miss. 1996).

This is where child custody modifications become the complicated cases they can be. The non-custodial parent could have very well improved an area of their life that the court felt was a concern, but if there has been no adverse change in the custodial parent, a modification of custody will probably not be successful. Therefore, the burden of proof for a non-custodial parent in a child modification case is twofold. The non-custodial parent must show that something has changed with the other parent that has negatively affected the child while also proving that a change in custody over to them serves the best interests of the child. This is quite a high burden to meet, which adds into the stress and expense of these kinds of cases.

Choosing which parent gets more time watching a child grow up is not a fun process, and it can be a difficult thing for parents to hear. Our office believes that child custody should never be dealt with lightly, and that Mississippians deserve to know their options going into a modification case. If you believe you are entitled to a modification of your custody arrangement, call the Law Office of Matthew S. Poole. We have the knowledge of the law regarding child custody modifications to make you feel confident in our legal services, and we also have a great passion for helping children and parents be together as much as possible. Call the Law Office of Matthew S. Poole at 601-573-7429.

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