Basis for Modification
When considering changes to an existing custody arrangement, the court’s primary focus is on the best interests of the child. Unlike some legal modifications that require clear evidence of changed circumstances, a custody modification does not strictly require such proof. Although substantial changes in circumstances may prompt the court to reexamine the case, the overriding concern is whether any adjustment serves the child’s well-being—especially in terms of their safety. It is worth noting that a violation of a visitation order is only one of several factors the court will consider during this analysis.
Relocation Considerations
Relocation issues in custody cases are handled with particular care:
- Consent or Court Approval: Relocation typically occurs only if all parties holding custodial rights agree to the move, or if the court deems the relocation acceptable.
- Notice Requirements: The party proposing the move must notify all other custodial parties at least 60 days before the intended relocation. If the proposing party learns of the move later than expected—making timely notification impractical—they must provide notice within 10 days of discovering the relocation.
- Burden of Proof: The party seeking to relocate must demonstrate that the move is in the best interest of the child.
- Safety and Custody Factors: The same factors that guide custody decisions, with particular emphasis on the child’s safety, are applied when determining whether a proposed relocation should be allowed.
Termination of Custody Orders
Custody orders are designed to be temporary arrangements that eventually conclude under specific circumstances:
- Custodial Parent’s Death: If the custodial parent dies, custody is typically transferred to the surviving parent, assuming they are fit to assume custody.
- Age of Majority: A custody order automatically terminates when the child reaches the age of majority.
- Court Order: The court also retains the authority to terminate a custody order based on other factors and circumstances.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is a seasoned attorney dedicated to guiding clients through every stage of the divorce process, including modifications to custody orders. His extensive experience in handling both straightforward and complex family law matters—ranging from child custody and support to spousal support and property division—ensures that your rights are protected at every step. To learn more about your legal options or to schedule a free consultation, please visit www.lawyersfordivorces.net or call his office directly.
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