Custody modifications are determined based on the child’s best interests. In cases involving custody changes, there is no strict requirement to demonstrate a “change in circumstances,” although the court may consider any significant changes as a starting point for evaluating what is best for the child. When custody modifications are requested, the court’s main focus is always the child’s well-being, particularly regarding their safety. While the court will consider changes in circumstances, it will primarily weigh factors that impact the child’s best interests.
A violation of a visitation order is just one aspect that may be taken into account when deciding on a custody modification.
Termination of Custody Orders: A custody order typically ends when the custodial parent dies. In such cases, the surviving parent will receive custody, provided they are deemed fit.
Relocation: Relocation of a child generally occurs only if all custodial parties agree or if the court approves the move. The parent proposing the relocation must notify all other custodial parties at least 60 days before the intended move, or within 10 days if they were unaware of the relocation and could not have reasonably known in time to follow the 60-day notice rule. The parent requesting the move carries the responsibility of proving that the relocation is in the child’s best interests. The factors for determining whether to approve a relocation are similar to those considered in custody decisions, with a strong emphasis on the child’s safety.
Termination of Child Custody Orders: A custody order may be terminated in the following circumstances:
- Upon the death of the custodial parent.
- When the child reaches the age of majority.
- By a court order.
If the custodial parent passes away, the non-custodial parent will typically receive custody, assuming they are fit to care for the child.
If you need assistance with child custody issues or any divorce-related matters, Divorce Lawyer R. Badet can help. He has experience in both simple and complex divorces, including spousal support, child support, and custody cases. With his extensive knowledge, he is committed to achieving the best possible outcome for your case. For more information, visit his website at www.lawyersfordivorces.net or call for a free consultation.