A consent order regarding the custodial arrangements of our two children (10 & 9) has been in effect for over 6 years (she gets 2 overnights per week). During this timeframe she has regularly not taken advantage of the time that she’s been allotted. My ex has a new found interest is being involved with our children and is looking to modify the order. In the best interest of my children I would prefer that the current order remain in effect. How difficult/easy would it be for her to modify the existing consent order? Thank you.
To obtain a modification of a permanent child custody order, the court must first find that there has been a substantial change in circumstances that affected the minor children. Once the court determines that a substantial change has occurred, it can then look at what is in the best interests of the children for determining what the new custodial schedule will look like.
If the only thing that has changed is her desire to be involved with the children, it may be difficult for her to prove a substantial change. I can’t comment on whether it will be easy for her to modify the child custody order because it really requires a full discussion of the facts to come to that determination. Further, all judges and jurisdictions are different, so you would be best served by having a consultation with an attorney in your area to discuss your case and decide how to proceed.