Anytime that a judge is making a judgment on child custody, it is considered to be permanent unless it is classified as a temporary order. However, under certain circumstances, a party can request for the child custody order to be modified. In order for a modification of the current orders to be made, there must be a change that is considered to be significant. Some are these circumstances are as follows.
Modification is in the child's best interest
The original child custody orders will have been made with the best interest of the child being the top priority. If something changes that would affect the best interest of the child, then a modification of those orders can occur. Some examples of reasons for modification to child custody orders include proof of a dangerous situation taking place, such as child neglect, child abuse, and/or hazardous living conditions.
Relocation of a parent has occurred
Child custody orders can often be modified to accommodate the relocation of one of the parents. The original child custody order may specify that neither parent can take the child out of the state without the permission of the other parent. However, if one parent moves out of state, then the orders can be modified to work out a visitation schedule that specifies the child can go out of state for visitations. The specifications of the out-of-state visitations will be determined by what is best for the child when it comes to not interrupting their schooling and other serious activities they may be involved in. The motivation of the parent's relocation may also be considered, such as whether it was for employment or for less practical reasons.
Constant violations with the current child custody
When one parent repeatedly ignores the stipulations of a child custody order, then the other parent can ask for modifications to be made. Before the judge agrees to modify the current order, the judge will consider why the parent is ignoring some of the stipulations and what specific parts they are not following.
The current order is no longer working
If the current child custody order was working for the parties and child under previous housing, previous employment, and other important considerations and then something drastically changed, then the order may need modification. For example, if one parent has the child every other weekend and now they work on weekends, then the order may need to be modified to change the visitation agreement.
Speak with a family law attorney at a firm such as the Law Office of Faye Riva Cohen, P.C. to learn more.Share