Child custody matters in York County, South Carolina, can be complicated, especially when considering changes to an existing order.
Below is a list of frequently asked questions about modifying child custody orders. We can answer any additional questions you have during an initial case evaluation.
Are Child Custody Orders Modifiable?
Under South Carolina law, child custody orders can generally be changed. This is because the court has an interest in protecting the health and safety of children. Circumstances may arise that justify changing a previous order regarding child custody.
When Can Child Custody Orders Be Modified?
Child custody orders can be modified in various situations where the best interests of the child or children warrant a change.
Your Children Are in Danger
If you reasonably believe that your children are in immediate danger while in the other parent’s care, you could request an emergency custody order.
Seeking emergency custody may be appropriate if:
- Your child is being physically abused.
- Your child is being sexually abused.
- The other parent is neglecting your child while in their care.
- The other parent is engaging in criminal activity in the child’s presence.
- The other parent is using alcohol or drugs excessively in the child’s presence.
- The other parent is unfit or incapacitated.
- Inappropriate visitors are placing the child at risk.
In these cases, an emergency temporary relief motion is generally filed. You will likely need to attend a hearing to explain your concerns and bring supporting evidence with you, such as photos, videos, or police reports.
The Other Parent Is Not Following the Original Court Order
If the other parent isn’t abiding by the existing child custody order, it may provide grounds to modify the order. In such cases, the court could reverse its earlier finding that being with the other parent was in your child’s best interests.
There Are Changes in Circumstances
One of the most common reasons parents request child custody modifications is a substantial change in circumstances that occurred after the original court order was entered.
Changes in circumstances can include:
- Job loss or change
- Illness or injury
- A change in mental health
- Relocation
- Suspicions of child abuse or neglect
- The child’s needs or wishes change
- Remarriage
- Arrest or conviction of a crime
The court must not have anticipated the change in circumstances when making the initial child custody determination. The change must also be significant and not temporary.
How Can an Attorney Help with Child Custody Modifications?
A child custody lawyer can help with modifications by:
- Discussing the situation with you and explaining South Carolina law
- Explaining whether you have legal grounds to modify child custody or seek emergency custody
- Using mediation and negotiation to avoid litigation when possible
- Explaining the process of seeking a change in your child custody order
- Gathering evidence to support or object to a judgment modification
- Developing a personalized legal strategy
- Presenting your case effectively to the judge
An attorney can help you by drafting and filing the necessary legal paperwork, representing you in court, and advocating for your rights. Your attorney can also help you understand and navigate the complexities of the legal system as well as provide ongoing support and guidance throughout the process.
How Can I Modify a Child Custody Order?
If you and the other parent agree on the requested modification, you can present a mutual agreement to the court and ask it to modify the existing order. If the parents disagree, the parent wishing to change the child custody order must file a petition with the court explaining why they are seeking a change.
This petition is generally filed in the same court in which the current custody order was granted. The other parent has a right to object to the proposed modification. The court will then usually schedule a hearing at which a family court judge will hear each party’s arguments and determine whether to modify the order.
What Do I Have to Prove to Win My Child Custody Modification Case?
Seeking a modification of an existing child custody order is not an appeal or a review of a previous decision. Instead, it is a new filing based on new circumstances. You are asking the court to review the terms of the current order and appropriately change them to reflect the current circumstances.
The parent petitioning for the modification bears the burden of proof of showing that there has been a substantial change in circumstances and that the proposed change is in the child’s best interests.
Family courts do not base their decisions on what may occur in the future. Instead, they base their decisions on the current circumstances and the evidence before them.
Contact Minor Law Divorce Lawyers for a Consultation with Our York County Modifications of Order Lawyer Today
If you have additional questions about your particular child custody case, you can contact Minor Law Divorce Lawyers. Call us at (803) 504-0971 to begin working with our award-winning legal team. We can explain the law and how it might impact your case.
Schedule your consultation with our York County modifications of order attorney today.
