Modifications to custody orders are determined based on what is in the best interest of the child. There is no need to demonstrate a specific “change in circumstances,” although any significant change in circumstances may serve as a starting point for the court to consider the best interests of the child. The court’s primary focus should always be the child’s well-being, with particular emphasis on factors affecting the child’s safety. However, the court will likely inquire about any changes in circumstances alongside the best interest factors.
A violation of a visitation order is just one factor the court will consider when modifying custody arrangements.
Termination of Custody Orders: A custody order typically ends when the custodial parent passes away. In such cases, custody will be transferred to the surviving parent, as long as they are deemed fit to care for the child.
Relocation: Relocation can only occur if all parties with custodial rights agree or the court approves the move. The party proposing the relocation must notify all other custodial parties at least 60 days in advance or, if they only learn about the relocation later, within 10 days of discovering it. The person proposing the move must prove that the relocation is in the child’s best interest. The factors for evaluating a proposed relocation are similar to those considered when awarding custody, with a strong emphasis on the child’s safety.
Termination of Child Custody Orders: Custody orders can end in the following situations: (1) upon the death of the custodial parent, (2) when the child reaches adulthood, or (3) by court order. If the custodial parent dies, the non-custodial parent will be awarded custody, assuming they are fit to care for the child.