Modifications to custody arrangements are decided based on what is in the best interests of the child. In these cases, there is no strict requirement to demonstrate a specific change in circumstances; however, any significant change can prompt the court to reexamine the child’s welfare, especially focusing on factors that affect their safety. Courts typically review whether changes in circumstances, alongside the overall best interests of the child, justify a modification of custody. Additionally, violations of visitation orders are taken into account during these reviews.
Termination of Custody Orders:
Custody orders generally terminate when the custodial parent dies. In such instances, if the surviving parent is deemed suitable, they will assume custody.
Relocation:
Relocation of the custodial parent or child is generally allowed only if all parties holding custodial rights agree, or if the court approves the move. The party proposing the relocation must notify all other custodians at least 60 days before the intended move, or within 10 days of discovering the relocation if prior notice was not possible. Moreover, the relocating party must demonstrate that the move is in the best interest of the child. The factors used to assess relocation requests are similar to those considered in awarding custody, with an emphasis on the child’s safety.
Termination of Child Custody Orders:
A custody order can be terminated under the following circumstances:
- When the custodial parent dies—custody then typically transfers to the non-custodial parent, provided they are fit.
- When the child reaches the age of majority.
- Through a court order.
Divorce Lawyer R. Badet is a highly experienced divorce attorney who is dedicated to helping clients navigate every stage of the divorce process, including custody modifications. With extensive expertise in family law and litigation, he works diligently to secure the best possible outcome for your case. To learn more about your legal rights and options, please visit www.lawyersfordivorces.net or call for a free consultation.
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