Modifying a child custody order is always based on the best interests of the child. Courts prioritize the child’s well-being and safety when reviewing requests for custody changes.
1. Standards for Modifying a Custody Order
Unlike some legal matters, a custody modification does not require proof of a specific “change in circumstances.” However, courts will often consider whether there has been a substantial change in circumstances as a starting point for determining if a modification is in the child’s best interest.
Key points to remember:
- The court must focus on the best interests of the child when reviewing a modification request.
- Safety concerns are given priority over other factors.
- If a parent violates a visitation order, this can be considered one factor in modifying custody.
- Death of a custodial parent – If the custodial parent dies, custody automatically shifts to the surviving parent, as long as they are fit to care for the child.
2. Relocation and Custody Modifications
When a custodial parent wants to relocate, there are strict legal requirements:
✅ Parental & Court Approval Required
- A relocation can only take place if all parties with custodial rights agree OR the court approves the move.
✅ Notice Requirements
- The parent proposing relocation must notify all other custodial parties at least 60 days before the intended move.
- If the relocating parent was unaware of the move in advance, they must give notice within 10 days of learning about the relocation.
✅ Burden of Proof
- The parent requesting relocation must prove that the move is in the child’s best interest.
- The court applies custody determination factors, with the child’s safety as the top priority.
3. Termination of a Child Custody Order
A custody order ends in the following circumstances:
- Death of the Custodial Parent – If the custodial parent passes away, custody transfers to the surviving parent, assuming they are fit.
- The Child Reaches Adulthood – Custody automatically terminates when the child turns 18 or graduates high school, whichever comes later.
- Court Order – A judge may terminate custody if deemed appropriate.
Need Help Modifying Custody or Relocation Issues?
Attorney R. Badet is an experienced child custody lawyer who can help you:
- Modify an existing custody order
- Fight for your parental rights
- Navigate relocation disputes
- Ensure the best interests of your child
📞 Call (267) 277-2641 for a free consultation!
🔗 Visit: www.lawyersfordivorces.net
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If you are facing a custody battle or relocation dispute, having an experienced attorney is crucial. Contact Attorney R. Badet today for expert legal guidance.