The decision to modify a custody order is based on what is in the best interest of the child. There is no requirement to show a specific “change in circumstances,” though the court may consider significant changes in circumstances as a factor in its analysis of the child’s best interests. At any point when a custody modification is being considered, the court’s primary focus will be on the child’s best interests, with particular weight given to factors that affect the child’s safety. However, courts will typically inquire about changes in circumstances as part of the overall analysis.
A violation of a visitation order is just one of many factors that may be considered in a custody modification case.
Termination of Custody Orders
Custody orders typically end when the custodial parent passes away, at which point custody will generally go to the surviving parent, provided they are deemed fit.
Relocation
A parent wishing to relocate with the child must have the consent of all other custodial parties or the approval of the court. The parent proposing the move must notify all other custodial parties at least 60 days before the intended relocation, or within 10 days if they were unaware of the relocation in time to meet the 60-day requirement. The parent proposing the move must prove that the relocation is in the child’s best interests. The factors used to assess whether to approve a relocation are similar to those used to determine custody, with particular emphasis on the child’s safety.
Termination of Child Custody Orders
Custody orders can be terminated under the following circumstances: (1) when the custodial parent dies; (2) when the child reaches the age of majority; or (3) through a court order. If the custodial parent passes away, the non-custodial parent will typically receive custody, assuming they are deemed fit to do so.
Divorce Lawyer R. Badet is an experienced attorney who supports clients throughout the divorce process, whether the case is simple or complex, involving spousal support, child support, or child custody. He is dedicated to securing the best possible outcome for his clients. Visit his website to learn more about your legal rights and options or call for a free consultation. He is a highly respected attorney with many years of experience in both Family Law and Criminal Law matters.