Child custody arrangements are generally determined by the child’s best interests rather than their parents’ desires. Requesting a modification in these arrangements is difficult since constantly changing court orders affect a child’s sense of stability. However, the legal system understands that circumstances may change for both child and parent.
Here are some factors affecting child custody modification:
1. Physical Relocation
When one of the parents seeks to move with the child to a place miles away from the other parent. In these situations, the moving parent must either obtain the other parent’s written consent or the court’s authorization prior to the move.
A request to relocate requires that the court weigh several considerations, including whether the non-moving parent will be able to maintain a meaningful relationship with the child if the relocation occurs.
2. Abuse or Neglect
A child’s safety could be at risk in cases where a parent has a substance abuse problem, a mental health issue and/or has engaged in acts of domestic violence against the child, a sibling of the child or a parent of the child
If the threat to their safety is of an imminent nature, an emergency motion may be filed and visitation could be suspended.
3. Violation of Visitation Rights
A violation of visitation rights may occur if the custodial parent oversteps and infringes upon the boundaries put in place by the law and isn’t respecting the established visitation schedule.
In either event, the court will revisit and reconsider the parenting agreement and request an explanation for violating it. Failure to follow court orders for visitation could be seen as obstruction and could lead to a modification of custody.
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We’re a family law firm used to dealing with the most complicated legal issues that people from all walks of life face. Our family attorneys know how to plead parent and child relocation cases on behalf of the plaintiff or defendant.