Custody orders in Massachusetts explain how parents should divide their rights and responsibilities regarding their children. The time that parents spend with their children depends on the terms of a custody order.
Custody arrangements also dictate the division of parental authority. Parents may recognize that their current custody arrangements have become outdated and do not work well for the family. They could then take the matter to family court to request a custody modification.
What are the requirements for a custody modification in Massachusetts?
An agreement or proof of changes
The simplest custody modifications begin with a mutual agreement between the parents. When adults recognize what changes are necessary, they can work cooperatively to modify a custody order.
Parents can set new terms regarding the division of time with their children or how they allocate decision-making authority and submit paperwork cooperatively to the courts. If they do not agree, then the parent requesting a modification typically needs proof to submit to the courts that circumstances have changed since the establishment of the initial custody order.
Appropriate paperwork
Modifications are not automatic. They require hearings in family court or at least the review of a judge to validate that the changes are in the children’s best interests. As such, parents typically must petition the courts to request a modification hearing or to approve the terms of an uncontested modification request.
Particularly in scenarios where conflict could complicate the modification process, parents may need to work with an attorney to update an existing custody order. Learning more about the requirements for custody modifications can help parents take effective action when their arrangements no longer serve the best interests of their children.
