When modifying custody orders, the primary focus is the child’s best interest. While specific changes in circumstances do not need to be shown, any significant change in circumstances may serve as a starting point for the court to evaluate what is in the child’s best interest. In such cases, the court considers factors that impact the child’s safety and overall well-being. A violation of a visitation order is just one factor the court may take into account during custody modifications.
Termination of Custody Orders: A custody order generally ends when the custodial parent passes away. In this case, custody is typically granted to the surviving parent, provided they are deemed fit to care for the child.
Relocation of Custody: Relocation of a child can occur only if all custodial parties consent or if the court approves the relocation. The party proposing the move must notify all other custodial parties at least 60 days before the planned relocation. If the relocation is not known in time to meet this notice requirement, the notice must be given within 10 days of learning about the relocation. The burden of proof is on the party requesting the move to show that it is in the child’s best interest. The court will consider factors similar to those used to determine custody, with special weight given to the child’s safety.
Termination of Child Custody Orders: A custody order can be terminated in the following situations:
- The custodial parent’s death.
- The child reaches the age of majority.
- A court order.
If the custodial parent passes away, custody will be transferred to the non-custodial parent, assuming they are fit to care for the child.