Custody modifications are always based on the best interests of the child. Unlike some legal proceedings, there is no requirement to prove a specific “change in circumstances” to request a custody modification. However, courts will naturally consider any substantial changes in circumstances when evaluating whether a modification is warranted.
Key Considerations for Custody Modification
✔ Best Interests of the Child: The primary factor in any custody modification case.
✔ Change in Circumstances: While not mandatory, significant life changes can serve as a “springboard” into a custody modification case.
✔ Safety of the Child: Courts prioritize factors that affect the child’s well-being and stability.
✔ Violation of Visitation Orders: If a parent violates an existing custody or visitation order, this may be considered but is not an automatic reason for modification.
Termination of Custody Orders
A custody order terminates when:
1️⃣ The custodial parent dies – In this case, custody automatically transfers to the surviving parent, assuming they are fit to parent.
2️⃣ The child reaches the age of majority – Custody orders are no longer enforceable when the child turns 18.
3️⃣ By court order – If circumstances change, a court may modify or terminate custody.
Relocation and Child Custody
If a custodial parent wants to relocate with the child, they must either:
✔ Obtain consent from all parties with custodial rights, OR
✔ Receive court approval before moving.
Relocation Notice Requirements:
- The relocating parent must provide written notice to all custodial parties at least 60 days before the intended move.
- If the parent could not have reasonably known about the relocation in time, they must provide notice within 10 days of learning about the move.
- The burden of proof is on the relocating parent to demonstrate that the move is in the best interest of the child.
How Courts Determine Relocation Requests
Courts consider several factors similar to those used in awarding custody, with special emphasis on the child’s safety and well-being. Some considerations include:
✔ The impact of relocation on the child’s stability and education.
✔ The ability of the non-relocating parent to maintain a relationship with the child.
✔ The reason for the move and whether it benefits the child.
Get Legal Help for Custody Modifications & Relocation
If you need to modify a custody order or are facing a relocation issue, R. Badet is a skilled family law attorney who can guide you through the legal process. With experience handling complex custody and visitation cases, he is committed to protecting your parental rights.
📞 Call for a Free Consultation: 267-277-2641
🌐 Visit: www.lawyersfordivorces.net
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