When modifying child support or custody arrangements for your children, it is important that you are able to prove a “substantial change in circumstances.” But what exactly is considered a change in circumstances to the court, and how can you use these changes in your favor?
Here is a quick rundown of some instances that you can utilize to take your child support or custody order back to court for reconsideration and modification:
- The mental and emotional health and stability of the other party-if your ex-wife is battling depression, anger management or has been acting irrationally, you can use this against her in court
- The other party’s remarriage-you can argue for a modification if the new parent is disparaging you in front of the child, is abusing your child, or is participating in moral misconduct such as sexual promiscuity, using illegal drugs, or has been convicted of certain criminal activities in the recent past or present.
- The other party’s moral conduct-if your ex-wife is living with a man out of wedlock, is sexually promiscuous in front of your children, has been convicted of abuse, illegal drug use, or any other crime, this may be grounds for reconsideration of custody.
- Child-snatching-if your ex-wife kidnaps or flees with your children without your consent or knowledge, you can use this against her in court to have your children placed with you due to an unfit custodial parent.
- Dishonorable discharge from the military-if your ex-wife has been dishonorably discharged from the armed services, this may be used against her in order for you to obtain custody.
- Positive improvement in the child’s life is custody is changed-if there is any proof that a positive improvement in the child’s life can be made by switching the child’s environment and custodial parent, this may be considered in the courts as grounds for modification.
There are, however, circumstances that CANNOT be deemed grounds for modification. A few of these may be:
- The race of your ex’s new spouse
- The religion your ex decides to raise your child under
- Criminal activity or charges in the distant past (though more recent activities will be considered)