When modifying a custody order, the primary focus is always on the best interests of the child. There is no strict requirement to show a “change in circumstances,” but any significant changes can be used as a basis for the court to consider the child’s best interests. The court will prioritize factors affecting the child’s safety and overall well-being. While the court will inquire about any changes in circumstances, the central analysis remains the best interests of the child.
A violation of a visitation order is one of the factors the court may consider when deciding whether to modify custody arrangements.
Termination of Custody Orders: Custody orders typically end under three conditions: the custodial parent’s death, when the child reaches the age of majority, or by a court order. If the custodial parent passes away, the surviving parent will generally receive custody, provided they are deemed fit to do so.
Relocation: A parent wishing to relocate with the child must either gain consent from all other custodial parties or seek approval from the court. If the parent proposing the relocation doesn’t have prior knowledge of the move in time to comply with the 60-day notice rule, they must notify the other custodial parties within 10 days of learning about the relocation. The burden is on the relocating party to prove that the move is in the child’s best interest. The factors for approving a relocation are similar to those considered in custody decisions, with particular emphasis on the child’s safety.
Termination of Child Custody Orders: A custody order may be terminated if the custodial parent dies, when the child reaches adulthood, or through a court order. In the event of the custodial parent’s death, the non-custodial parent will usually gain custody, assuming they are considered fit to care for the child.
Divorce Lawyer R. Badet is a skilled divorce attorney dedicated to guiding his clients through each stage of the divorce process. He specializes in both simple and complex divorces, as well as spousal support, child support, and child custody matters. With extensive experience in family law, Attorney R. Badet is committed to achieving the best possible outcomes for his clients. Visit his website for more information or to schedule a free consultation.