Change Is Not Bad

Posted on Friday, April 22, 2011

Some people say change is bad…but in some cases a change, or what may be legally defined as a “material change in circumstances” can be a good thing. Certain changes in your family life can be especially helpful if you looking to modify a custody arrangement. So pay close attention, it may be the change you are looking for.

In Mississippi, a child custody arrangement may be modified by the non-custodial parent if he or she proves the following three factors: (1) a material change of circumstances has occurred in the custodial home, (2) the change adversely affects the child, and (3) and the modification is in the best interest of the child. The chancellor must consider all three factors before modifying a custody arrangement.

So first, what is as a “material change”? Before a material change can be determined, there must be a prior custody arrangement between the divorced parents. After the arrangement, a “material change” can be found when certain behaviors or actions danger a child’s physical, mental, or emotional health. This change can be a specific action or an overall assessment of the circumstances since the divorce of the parents.

For example, a parent may suffer a loss in income. However, if that parent has sufficient education and experience to find other employment it may not reach the level of a material change. A similar situation occurs when the custodial parent relocates or is remarried. Generally, neither relocation nor remarriage alone is sufficient to establish a “material change.” The Mississippi Court of Appeals recently found a mother’s move due to remarriage, along with other factors constituted a physical change in the custody of her two daughters.

In the same case, the court focused on the second factor of modification. The chancellor determined the relocation of the mother would have an adverse impact on the two daughters, who were very close with their mother, father, and each other. It was not the distance of the move that determined the material change, but the affect the move had on the children. Similarly, a parent’s cohabitation with another adult is not a material change by itself, but any adverse effect from that cohabitation may be considered when determining a “material change in circumstances.”

Lastly, the chancellor has to consider if the modification is in the best interest of the child. The best interest of a child is based on the well-known Albright factors.

So, not all change is bad. It may allow you to modify your custody arrangement and hopefully provide a better family environment.

Meredith Price