Modification of Custody OrdersCustody modifications hinge on the child’s best interests. Although courts often look at any significant change in circumstances, there is no strict requirement to prove such a change. Instead, the court will use it as a “springboard” to assess the child’s welfare, giving extra weight to factors related to the child’s safety. Violating a visitation order is just one element the judge may consider when deciding whether to amend the existing custody arrangement.

Termination of a Custody Order
A custody order generally ends under any of the following conditions:

  • The custodial parent’s death, in which case custody typically goes to the surviving parent if deemed fit.
  • The child reaches the age of majority.
  • A court issues an order ending custody.

Relocation

  • Relocation is usually allowed only if all parties with custodial rights consent or if the court approves it.
  • The party seeking to relocate must provide a minimum of 60 days’ notice to all other parties who have custodial rights. If circumstances prevent meeting the 60-day requirement, the relocating party must provide notice within 10 days of learning of the need to relocate.
  • The relocating party must prove that moving serves the child’s best interests.
  • Courts use factors similar to those in custody awards, paying extra attention to the child’s safety, to decide on any proposed relocation.

About Divorce Lawyer R. Badet

Divorce Lawyer R. Badet has substantial experience helping clients through divorces of all levels of complexity, covering spousal support, child support, and child custody. As a knowledgeable attorney familiar with both Family Law and Criminal Law, he focuses on achieving the most favorable results possible.

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