When can I change a custody order in Boston?

Boston, MA – When two people get a divorce in Massachusetts, they can agree on custody arrangements or the court will do that for them. Either way, if, later on, you want to change a custody order in Boston you will have to go to the court again and show you have very good reasons to do that. You will need to look for seasoned Boston child custody lawyers to help you build a convincing case.

Why is it so hard to change a custody order in Boston?

Technically it’s not hard at all. You’ll have to file a Complaint for Modification, serve the papers on your ex and wait for the court hearing. The same applies if you want to change a temporary custody order.

When you fill out the forms, you must state the change in circumstances that led you to this decision.

Keep in mind that the court won’t grant a modification easily. This is because the judge is required to keep the child’s best interests in mind and too many changes might be too disruptive and cause a lot of stress. Kids need stability in their lives, especially after having their lives upended by their parents’ divorce. 

Valid reasons to ask for a change of custody?

Either parent can file for a change of custody, no matter what type of arrangement you have in place – shared or sole custody. Here are a few reasons the court might consider valid:

• The other parent has become neglectful or abusive toward the child
• The other parent has lost his or her job and can no longer provide for the child
• There’s been a change in the other parent’s living arrangements and the child is not safe
• One of the parents needs to relocate for employment or personal reasons
• The other parent has started dating someone who poses a danger to the child
• The child has developed a medical condition that requires different arrangements
• The child wants a change in custody (although the judge is not required to grant it)
• Repeated violations of the existing custody order (the primary custodial parent tries to stop the other from seeing the child or the non-custodial parent repeatedly violated the court order)

In many cases, a parent will try to modify the custody order when their ex starts dating someone else or gets married. Maybe you don’t like your ex’s new partner and worry about that person’s involvement in the child’s life. While it’s absolutely normal for you to be worried, you must understand that the judge won’t change the custody order unless that person poses a threat to the child.

How will the judge decide on your request?

The judge will consider the same factors they examined during your divorce. They will look at the child’s relationship with either parent as well as at both parents’ abilities to care for the child. Your Boston divorce lawyers will have to submit evidence of the change in circumstances. If the child was neglected or abused, your lawyers can use witness testimony, police reports, or medical records showing the child required medical attention. If your child is seeing a therapist, the mental health expert can offer insight into the kid’s emotional well-being.