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Modification of Prior Child Custody Orders
An order of child custody is generally not disturbed unless the current custody arrangement is affecting the child’s well-being; the parent’s welfare is generally irrelevant. Since these orders are final, the person seeking a change in custody must clearly show a “change of circumstances” in order to justify a custody modification. Once proved, the court will then look at “the best interests of the child” to determine whether a modification is appropriate. A child who is 16-years old or older can also seek a custody modification themselves, but they have the burden of showing that a modification is in their best interests
Proving a “change of circumstances” can be difficult since the central idea behind child custody is that stability is the best for the child. Also, there are no specific criteria which will guarantee a “change of circumstances.” The following, however, are some situations which have warranted a custody modification due to changed circumstances:
1. It is shown that the child’s current environment is harmful to his or her well-being.
2. The custodial parent makes a geographic move which will disrupt the stability of the child’s life.
3. The custodial parent has a significant lifestyle change which threatens or harms the child.
Child custody issues:
- Child Custody
- Best interest of the child
- Best Interests of the Child Factors
- Third Party Custody Arrangements
- Visitation
- Frequently Asked Questions
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