Changes to custody arrangements are made based on the best interest of the child. In a custody modification case, there is no strict requirement to show a specific “change in circumstances,” though the court may look at significant changes as part of its analysis of the child’s best interests. When evaluating custody modifications, the court will focus primarily on the child’s welfare, with particular attention to factors that influence the child’s safety. However, courts typically inquire whether any changes in circumstances have occurred alongside considerations for the child’s best interests.
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 generally ends when the custodial parent passes away. In such cases, the surviving parent will be awarded custody, assuming they are deemed fit.
Relocation:
Relocation typically occurs only if all parties with custodial rights agree to the move or if the court approves it. The parent proposing the relocation must provide written notice to all other custodial parties at least 60 days before the planned move. If they were unaware of the relocation and couldn’t have reasonably known in time to follow the 60-day notice, they must notify the others within 10 days of learning about the move. The proposing party bears the responsibility of proving that the relocation is in the child’s best interest. The factors used to evaluate relocation are similar to those for determining custody, with a strong focus on the child’s safety.
Termination of Child Custody Orders:
A custody order may be terminated in the following circumstances: (1) the custodial parent’s death; (2) when the child reaches the age of majority; or (3) through a court order. If the custodial parent dies, the non-custodial parent will be granted custody, provided they are fit.
Divorce Lawyer R. Badet is an experienced attorney dedicated to assisting clients through every stage of the divorce process, including simple and complex divorces, spousal support, child support, and custody matters. With his expertise, he works to achieve the best outcomes for his clients. Visit his website or call for a free consultation. As an accomplished litigation attorney, he handles both Family Law and Criminal Law cases.