Modification of Custody Orders

Custody orders can be modified based on what serves the best interest of the child.

  • Courts do not require proof of specific “changed circumstances” to modify custody. However, any significant changes in circumstances may be used as a starting point for the best interests analysis.
    • The court’s primary focus is the child’s best interests, with particular attention to factors that ensure the child’s safety. While not necessary, evidence of changes in circumstances will naturally influence the court’s considerations.
  • Violations of visitation orders are one of many factors the court may evaluate when considering custody modifications.
  • Termination of a Custody Order:
    • Custody orders generally terminate upon the custodial parent’s death. In such cases, the surviving parent typically assumes custody if deemed fit.

Relocation and Custody

Relocation involving a child usually requires either consent from all parties with custodial rights or court approval.

  • Notification Requirements:
    • The relocating party must notify other custodial parties at least 60 days in advance of the intended move.
    • If circumstances prevent compliance with the 60-day notice rule, the relocating party must provide notice within 10 days of becoming aware of the relocation.
  • Burden of Proof:
    • The relocating party must demonstrate that the move is in the child’s best interest.
  • Factors Considered:
    • Courts weigh factors similar to those used in custody decisions, prioritizing the safety and welfare of the child.

Termination of Child Custody Orders

Custody orders can terminate under the following circumstances:

  1. Upon the custodial parent’s death (custody typically transfers to the non-custodial parent if deemed fit).
  2. When the child reaches the age of majority.
  3. By court order.

For all matters related to custody modifications or terminations, Divorce Lawyer R. Badet offers expert legal guidance. With extensive experience in family law, he is committed to achieving the best outcomes for his clients. Visit his website or contact his office for a consultation.