What is the standard for modifying a child custody order?

The standard for modifying a child custody order is based on the concept of "changed circumstances." This principle is rooted in the understanding that once a custody order is established, it is presumed to be in the best interests of the child at that time. However, over time, circumstances can change significantly—such as a parent's relocation, changes in employment, or a child's evolving needs—that may necessitate a reevaluation of the custody arrangement.

When a party seeks to modify a custody order, they must demonstrate that there has been a material change in circumstances since the original order was made. This change must be substantial enough to warrant a revision of custody to better serve the child's interests. Courts prioritize the child's best interests when making these determinations, thus putting the burden on the requesting party to clearly show how the changed circumstances impact that best interest.

Other choices are not adequate standards for modification. Parental consent might play a role in negotiating changes between parents, but a court will not modify custody solely based on this factor. The child’s preference can be considered, especially if the child is of sufficient age and maturity, but it is not the primary standard for modification. Lastly, while financial stability is an important factor in custody arrangements, it alone does not meet the