Modification of custody Orders

• Modification of custody is going to be based on the best interest of the child.
• In a modification of custody case, there is no need to show specific “changed in circumstances,”—although the court may consider any substantial change in circumstances as a “springboard” into the best interests of the child analysis, (i.e., at any point when modification of custody is at issue, the court is supposed to focus on the best interest of the child, with weighted consideration going to the factors that affect the safety of the child.  However, courts naturally are going to ask questions about whether there has been changes in circumstances coupled with the best interests of the child factors). 

• Violation of a visitation order is just one factor to consider in modification of custody cases.
• Termination:  A custody order usually terminates upon the custodial parent’s death; when that occurs, the surviving parent will receive custody, provided that he is fit. 

Relocation: 

• Relocation generally takes place only if all parties with custodial rights to the child consents to the relocation, or the court approve the relocation.
• The party proposing relocation must provide notice to all other parties with custodial rights at least 60 days prior to the intended relocation, or, within 10 days of knowing of the relocation if the party did not know, and could not reasonably have known about the relocation in time to comply with the 60-day rule.
•  The party proposing relocation has the burden of proving that the relocation is in the best interest of the child, and
• The factors for determining whether to grant a proposed relocation are similar to those used to award custody, with weighted consideration going to the factors that affect the safety of the child.

Termination of Child Custody Orders:  

A custody order can be terminated in the following situations upon the custodial parent’s death; (2) when the child reaches the age of majority; or (3) by court order. 

In the event the custodial parent dies, the non-custodial parent will receives custody, assuming that he is fit to do so.

Divorce Lawyer R. Badet is an experienced divorce lawyer and dedicated to helping his clients at every stage of the divorce process. His practice includes simple and complex divorces, spousal support, child support, and child custody.  Divorce Lawyer R. Badet is a knowledgeable divorce attorney.  He has the experience needed to obtain the best possible outcome for your situation! Visit his website to learn more about your legal rights and options: www.lawyersfordivorces.net, call for a free consultation.  He is a highly respected and experienced attorney with many years of experience. He is an experienced litigation attorney who represents clients in both Family Law and Criminal Law matters.