When a family court issues a custody order, it’s meant to reflect what’s best for the child at that time. However, life changes. Parents move, work schedules shift and children grow older.
In Alabama, it’s possible to modify a custody order when there has been a significant change in circumstances. Below are some important factors to consider.
When a custody modification may be needed
A custody change may be necessary if there’s a major change affecting the child’s well-being. Examples include one parent relocating, concerns about a child’s safety or changes in the child’s needs. Sometimes, a parent may feel the current arrangement no longer works and want more time with the child.
Courts do not modify custody automatically. The requesting parent must show that the change is in the child’s best interests and that the benefits of changing the arrangement outweigh the disruption.
How the court decides on custody changes
Alabama courts follow a legal standard known as the McLendon standard for custody modifications. This applies when a parent is seeking to change primary physical custody. The court examines whether there has been a material change in circumstances since the original order and whether the proposed change will benefit the child more than keeping the current order in place.
For minor changes, like adjusting a visitation schedule, the standard is less strict but still focused on the child’s best interests.
Even if both parents agree to a new arrangement, the court must approve. Without a formal order, the original custody plan remains legally binding.
If you think it’s time for your child’s custody schedule to change, it is in your best interest to seek some legal guidance.
