At J.P. Coleman Law, one of the most common family law questions we get asked is, “What do I have to do to modify custody?” Child custody modifications are one of the most common types of cases you’ll see in any court that deals with family law cases, but that doesn’t mean that these cases are easy or trouble free. Below is a brief overview of what the standard is and how it can apply in everyday life.

What is the Legal Standard to Modify Custody?

Typically speaking, the standard to modify custody is the McLendon Standard.  Not surprisingly, this standard comes from an Alabama Supreme Court case in which the state supreme court set the benchmark for what a party must show in order for a trial court to modify custody.  

Under this standard, 1) there must be a material change in circumstances since the last custody decree as it relates to the child’s welfare, 2) the material change must be such that disturbing the current custody arrangement would promote the child’s best interest, and 3) the benefits brought about by the change in custody must more than offset the inherently disruptive effects of caused by the custody change.

This standard is a higher standard than the typical “best interest of the child” standard and can be difficult to establish. 

How Is This Standard Different from the Best Interest of the Child Standard?

Family law courts use the best interest standard when making an original custody determination (e.g. when the parties are getting divorced or seeking custody for the first time) or when the parties already have a custody order that does not favor one parent over the other (e.g. the parents went to court and obtained an order granting each of them joint legal custody and equal parenting time).

This best interest standard is a lower standard than the McLendon standard because the Court only has to consider what it believes is the best thing for the child.   

The McLendon standard only applies when a party is seeking to modify custody.  This means that at some prior point, a Court will have entered a custody order based either on the agreement of the parties or on its decision as to what was in the child’s best interest.

How Does The McLendon Standard Look in the Real World?

So what does all this mean, practically speaking?  In short, there is a higher burden for modifying custody.  You must be able to show not only that something has changed, but that the change is significant and that it’s adversely impacting the child.  

Common examples include: one of the parents is using illegal drugs, is abusive to the child, or has moved in violation of the Alabama Relocation Act.  Examples of changes that may not be significant enough include: since the last order, one party has been letting the other get more visitation, or since the last order, one of the parties has improved his or her financial situation or has cleaned up his or her personal life.

To speak with an attorney at J.P. Coleman Law, LLC about child custody, divorce, or any other family law matter, visit their website or call (251) 947-6247 to schedule a free consultation with an attorney today.