Examples of what would cause judge to change custody


#1

I have an every-other-weekend arrangement in my agreement as well as an alternate 50/50 plan that goes into effect once my spouse gains employment. If I decide I want to stick with the prior arrangement, I understand that the judge would enforce the agreement as is.

I’m wondering what would be considered “material changes in circumstances” that would have a judge consider the agreed upon custody arrangement. Does it always involve making the other parent look bad? I’m not interested in that but I would be interested in changing the agreement back if at the time I felt it was best for my children.


#2

If custody is spelled out in a Separation Agreement you may file an original action for custody with the courts. While the courts will give some deference to the contract it is not determinative and no showing of a substantial change in circumstances is necessary, as the court always has the power to Order a custody arrangement based on the best interests of the child.