It’s important to know that there are some time limitations on filing a modification on such an order. Generally, unless you can show that circumstances seriously endanger a child, you cannot file a petition to modify within one year of a current order. If you have a joint custody or joint legal decision making order, you can ask that, that order be modified. If you have a form of a joint custody or legal decision making order, you may seek a modification anytime if you have credible evidence of domestic violence, or.
Abuse of a child or parent. If you have a joint custody or legal decision making order and the other parent is failing to obey that order, you can file for modification within six months of the previous order. It’s important to note, that the court must consider various factors in deciding what is the best interest of the child you may recall that’s key to seeking a modification of custody or parenting time order. Some of the factors include wishes of parents, the child’s wishes, how a child interacts with each parent and other children.
In the family, the health of each person involved, the child’s adjustment to home, school or the community. The important thing here is that the court must consider a whole range of factors in making that determination like, has there been domestic violence, drug or alcohol abuse The court must presume that an award of custody to a parent who has committed an act domestic violence is contrary to the child’s best interest. It is also important to note that mere parental access can be raised anytime. finally, it is important to know that most judges expect.