What if my ex-spouse cannot stick to our custody schedule?

| Mar 27, 2020 | Custody & Visitation

Minnesota parents are quick to figure out custody situations when divorcing. It is often a parent’s first priority. The courts determine what arrangement works best for everyone involved. The standard they work with is the “best interest of the child” standard. 

But what happens if your ex-spouse cannot stick to the schedule? Today we will take a look at reasons why spouses may break from the schedule. We will also look at what you can do about it. 

Modifying a court order to make up for an absent spouse 

VeryWell Family discusses requesting a modification to your child custody order. You cannot request modifications for any reason. The courts consider some reasons more valid than others. They are more likely to show preference to cases leaning on these reasons. 

One of the most common reasons to request these modifications is the absence of a parent. These absences occur for many reasons. For example, sometimes a parent refuses to maintain custody schedules. This is because they do not want involvement in their child’s life. The court expects you to try working things out between yourselves. But if you try and cannot do this, you can then request a modification. 

Reasons for parents being unable to maintain a custody schedule 

In other, more tragic cases, a parent becomes “absent” because they passed away. In these instances, you must modify custody orders because they are void. Ex-spouse absences happen for many other reasons, too. An example includes the incarceration of a parent. Their deployment due to active involvement in the military is another example. 

Regardless of the reason, if a parent cannot stick to a custody schedule, you may wish to modify it. This provides the best experience for your child as well.