Custody modifications are determined based on the child’s best interests. There is no requirement to demonstrate specific “changed circumstances,” although the court may consider significant changes as a starting point to assess what is in the child’s best interest. When a custody modification is requested, the court will focus on the child’s welfare, giving priority to factors that influence their safety. However, changes in circumstances may also be a key element in the analysis of the child’s best interests.
A violation of a visitation order is one factor that could influence a modification of custody decision.
Termination of Custody Orders
Custody orders typically end upon the death of the custodial parent, at which point the surviving parent may receive custody, provided they are deemed fit.
Relocation
Relocation can only occur if all custodial parties agree, or the court grants approval. The party seeking to relocate must notify all other custodial parties at least 60 days before the move, or within 10 days if they were unaware of the relocation and could not have reasonably known in time to meet the 60-day notice requirement. The person proposing the relocation must prove that it is in the child’s best interest. The factors used to decide on relocation are similar to those for granting custody, with emphasis on the child’s safety.
Termination of Custody Orders
A custody order may end under the following circumstances: the custodial parent’s death, when the child reaches the legal age of majority, or by court order. If the custodial parent dies, the non-custodial parent may receive custody if deemed suitable.
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