Major changes in a family's living circumstances can dramatically alter the stability of child custody, visitation and child support arrangements. This is especially important for military families who face unique challenges such as deployment. Changing these legal arrangements is a complex process, but understanding the standards and procedures can help parents navigate the system effectively.

A modification is a legal process in which a court reviews and potentially changes the terms of a divorce decree regarding child custody (guardianship), visitation, and child support. Any individual affected by a court order can request a modification, but must apply to the court that issued the original order. Grounds for modification vary, but generally require a substantial change in circumstances or evidence of harm or potential harm to the child. Courts generally avoid modifying a divorce decree within one year of the order, but there are compelling reasons for a modification, especially for military families and service members facing special circumstances.

Reasons why a court may agree to modify custody or visitation rights include significant changes in the circumstances of the parties or the child. Attorney John Hicks gives examples: If a parent is convicted of child abuse or domestic violence, the court may reevaluate the custody arrangement. Additionally, if a visitation schedule becomes unworkable or one parent relocates out of state without proper notice, these are also grounds for modification.

Child support may also be modified if there is a significant change in either parent's financial situation or to take into account the needs of the child. For example, if a parent loses a high-paying job and experiences a significant reduction in income, they may apply for a reduction in child support. Conversely, attempts to reduce child support by voluntarily taking underemployment, such as leaving a high-paying job to take a lower-paying one, are typically scrutinized and often denied.

For military families, deployment adds additional complexity to custody and visitation arrangements. Courts recognize the unique challenges military members face and provide provisions to address these issues. Hicks further states, “When the primary custodial parent is deployed, the non-deployed parent often assumes primary custody for the duration of the deployment. However, if the non-deployed parent is unfit, custody may be temporarily transferred to another family member or designated individual.”

In some cases, an existing custody agreement may not have provisions for deployment because a parent joined the military after the divorce. In these cases, you can ask for a modification to include these provisions. For example, a parent who joins the military and deploys can request a modification to ensure that an appropriate guardian is designated for the children during their absence.

Consider the case of a mother who remarried a military man stationed in Texas. After the divorce, her new spouse receives a relocation order to Florida. The mother must seek a modification to lift the geographic restrictions on custody in order to move in with her new family. However, the original agreement, made without legal assistance, required clearer clarification of these restrictions and the child's passport provisions. As a result, the mother required a court modification to adjust the geographic restrictions and ensure her right to apply for a passport. This highlights the complexities that can arise without comprehensive legal guidance.

Applying for a modification requires several steps and legal considerations. If applying for a modification within one year of the initial order, the applicant must submit an affidavit attesting to a material change in circumstances. This requirement ensures that the court system is not abused for frivolous or retaliatory purposes.

The lawyer adds, “Emergency situations, such as a parent's arrest or evidence of abuse, may require immediate modifications rather than following the one-year rule. For military families, deployment provisions should ideally be included in the original custody agreement. However, if circumstances change, modifications can be made to ensure the child's best interests are protected during a parent's absence.”

Modifying custody, visitation, and child support agreements is an important legal tool to accommodate the changing needs and circumstances of families, especially military families. Understanding the basis for modifications and navigating the legal process can be a tedious task, so it is best to hire an experienced attorney who can ensure the best interests of your children are served.