When modifying a custody arrangement, the primary focus is always the best interest of the child. In these cases, there is no requirement to demonstrate a specific “change in circumstances,” although any significant change in circumstances may serve as a starting point for considering the child’s best interests. The court is primarily concerned with the child’s safety and well-being, and while changes in circumstances will be questioned, the focus will remain on determining what is best for the child.
Violations of a visitation order are just one of the factors the court will consider in custody modification cases.
Termination of Custody Orders
Custody orders generally end under these conditions: (1) the custodial parent passes away, (2) the child reaches the age of majority, or (3) a court order terminates the custody. If the custodial parent dies, the surviving parent will automatically receive custody, provided they are deemed fit.
Relocation of Custody
A relocation can only occur if all parties with custodial rights agree, or if the court grants permission. The party requesting relocation must notify all other custodial parties at least 60 days before the move, or within 10 days if they did not know and could not reasonably have known about the move in time to comply with the 60-day notice requirement. The burden of proof lies with the relocating party, who must show that the move is in the child’s best interest. The court considers factors similar to those used in custody decisions, giving extra weight to issues related to the child’s safety.
Termination of Custody Orders
A custody order may end when (1) the custodial parent dies, (2) the child reaches adulthood, or (3) a court order ends it. If the custodial parent passes away, custody is transferred to the non-custodial parent, assuming they are deemed fit to care for the child.
Divorce Lawyer R. Badet is an experienced attorney dedicated to guiding clients through every step of the divorce process. His expertise covers simple and complex divorces, spousal support, child support, and child custody matters. With a deep understanding of the law, he is committed to securing the best outcomes for his clients. For more information about your legal rights and options, visit his website: www.lawyersfordivorces.net, or call for a free consultation. With many years of experience, he is a highly respected attorney specializing in both Family Law and Criminal Law cases.