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When to modify a child custody order in South Carolina

On Behalf of | Nov 10, 2023 | Child Custody Plans, Family Law

Parenting plans and child custody arrangements might not stand the test of time. In most cases, families experience significant changes, potentially making their setup inappropriate based on the situation. Sometimes, a parent can seek modifications when contesting their current child custody order, warranting them to initiate the standard process and prepare the necessary paperwork.

However, an order modification might only be relevant if it affects the parental rights and responsibilities to the child. They could ask the court to issue the modified order for various scenarios, including the following:

  • Seeking approval for an updated parenting plan
  • Asking for sole custody, indicating appropriate parenting time for the other parent
  • Requesting joint custody, including modified living arrangements and communication channels to ensure the child maintains a stable life
  • Upholding the child’s best interests and wishes if mature enough to express them

Remember that the final decision to issue a modified order hinges heavily on the court’s decision. The request often includes a new parenting time reflecting the requested changes. However, a judge might not require it before finalizing a decision. Some circumstances might necessitate more urgent action, such as incidents of neglect, abuse or violence endangering the child.

Determining if a modification is appropriate

The process of seeking a child custody modification could vary, depending on the circumstances. Before issuing a new order, the court must review all files and findings related to the case. This information could show how it could affect the child’s welfare. These details can also impact the validity of the modification. The paperwork could back up whether the change in circumstance is significant enough for the court to approve.