Changes in Child Custody
A court will not change the custody of a child unless convincing reasons for such change can be shown. The reason for this is because children benefit from stability. They get used to their surroundings, come to expect certain routines, and become attached to their primary caretaker. Again, in a modification action, the basis of the Court?s decision is what is best for the child.
So long as a custodial parent is caring for the child?s social, moral, and educational needs, a court will be reluctant to change custody. The requesting party would have to make a superior claim based on his/her ability to more effectively care for the needs of the child.
The Court believes children should maintain meaningful relations with both parents, providing both are fit to have contact with their child. If a custodial parent interferes with the visitation rights of the noncustodial parent and prevents a child from having a relationship with the noncustodial parent, the noncustodial parent could have a claim for modification of custody.
A move by a custodial parent to another city could constitute grounds to modify provisions of a divorce decree. For example, if a custodial parent moves to a place 150 miles or more away, this relocation may be considered a substantial change in circumstances. The custody order will be changed to preserve, as much as it can, the child?s existing relationship with the other parent. The court can also order one of the parents to pay for transportation. Also, if no a specific visitation schedule was established, the court can be asked to set one. This is useful if the parents have had a lot of trouble agreeing when and how visits should happen.
Return to Table of Contents
|
