“I’ll Take You to Court” is Often an Empty Threat


One thing former spouses often agree on is that they want what is best for their kids. Unfortunately, they often disagree over what is best. This can lead to heated arguments accompanied by threats of taking a parent to court to have their custody arrangement altered.

It is possible that your ex may decide to open legal proceedings, but the chances of you being taken to court to have your custody arrangement altered are slim. Continue reading to find out why these threats do not often lead to legal action.

Custody Modification Has Specific Requirements

There must be a substantial change in circumstances to modify the terms of an existing child custody agreement.

The parent seeking modification must file a motion with the court to obtain modification and take steps to demonstrate that a substantial change in circumstances has taken place. “I’m mad and think they are parenting wrong” is not a substantial change in circumstances.

Sole Custody Isn’t Really a Thing

Child custody is divided up into legal custody and physical custody. Legal custody covers things like decision making ability on a child’s health, education and other important parenting decisions. Physical custody focuses on where the child lives and how much time they spend at each parent’s home.

The bar for obtaining sole legal and physical custody is a high one. There must be evidence that such a drastic step is in the best interest of the child, which is usually only the case when one parent is abusive, dealing with substance abuse problems or otherwise presenting a danger to the child. Even in such dire circumstances, it is still common for a parent to receive supervised visitation.

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