- Custody modifications prioritize the child’s best interests.
- There is no strict requirement to demonstrate “changed circumstances,” though significant changes can inform the analysis of the child’s best interests. Courts focus on factors affecting the child’s safety, often asking if circumstances have shifted alongside the best interest analysis.
- Violation of visitation orders is one factor in custody modification cases.
- Termination of a custody order typically occurs if the custodial parent passes away, in which case custody typically transfers to the surviving parent if deemed fit.
Relocation
- Relocation requires consent from all custodial parties or court approval.
- The party planning to relocate must notify others with custodial rights:
- At least 60 days before relocation.
- If unaware of the relocation in advance, within 10 days of learning about it.
- The relocating party must demonstrate that the move serves the child’s best interests.
- Courts evaluate relocation using factors similar to custody cases, emphasizing the child’s safety.
Termination of Custody Orders
Custody orders terminate under these conditions:
- The custodial parent dies (custody transfers to the surviving parent if fit).
- The child reaches the age of majority.
- A court issues an order to terminate custody.
For expert guidance on custody, relocation, or modification issues, Divorce Lawyer R. Badet offers professional legal support tailored to each case. With extensive experience in family law, R. Badet is dedicated to achieving the best outcomes for clients.