Children who have lived in a stable environment are often negatively affected when their parents split up, whether they are married or not. If both parents have been present for a child’s entire life, that child may have a very difficult time when one parent no longer lives in the child’s home. Custody matters can become very heated when parents are fighting over who should have physical custody of their child. Many children suffer emotionally when they are no longer able to see both parents on a regular basis.
When determining which parent is to have primary physical custody, a family court judge will consider a number of factors such as each parent’s income, where the child goes to school, and how close the child is with each parent, among other factors. If the child is old enough, he or she may have a choice of which parent to live with. If the child is too young, a family court judge will make the decision that is in the best interests of the child. The goal of any custody order is to make the custody arrangements final and maintain a steady environment for the child. However, if there is a lawful need to modify the custody order, a family court judge may do so if he or she believes such modification is in the best interests of the child.
Filing a Petition to Modify an Existing Custody Order
If you are a parent wishing to modify a custody order, you will need to file a petition with the family court. It is not always easy to modify a custody order, but a judge may do so in situations where there has been a significant change of circumstances including, but not limited to, the following:
- One parent has a substance or drug abuse problem that creates a dangerous environment for the child;
- One parent and/or that parent’s spouse or significant other is physically abusive to either or both the parent and the child;
- The parent with primary physical custody no longer has the financial ability to meet the daily needs of the child;
- The parent with primary physical custody becomes ill or disabled, and is no longer able to physically care for the child;
- One parent moves to another state; and
- The parent with primary physical custody is preventing the other parent from visiting the child.
The process for modifying an existing child custody order is complex and numerous factors are considered to ensure the child’s environment remains as stable as possible. It is essential to have qualified legal representation to demonstrate to the family court judge that there is a legitimate need to modify a child custody order that will further the best interests of the child.
Contact Turk Law Firm, PLLC Today to Schedule Your Free Consultation
There are certainly situations where it may be necessary to modify a custody order. However, before a custody order can be changed, you should speak with a Mississippi Family Law Attorney who can help you through the process of seeking the modification of a custody order. Before a custody order can be modified, you must prove that there are valid grounds under Mississippi law for having the custody order modified. Mississippi Family Law Attorney Lindsey McGee Turk of Turk Law Firm, PLLC devotes a portion of her law practice to helping parents and children address difficult domestic matters and learn to overcome them. Lindsey McGee Turk is always working to meet the needs and interests of all of her clients. If you are a parent or guardian and you believe there are grounds for having a child custody order modified, contact Turk Law Firm, PLLC today to schedule your free consultation by calling (601) 214-1471.
