If a custody as already ordered the exists in your case, in order to modify the conditions, you will have to show, there has been a substantial change in situations since the entry of the last custody order. Changes can be made by agreement of the both parties and we at SRIS LAW GROUP can assist in drafting and honoring the conditions. If you go against the modification, we can assist you in presenting and analyzing your defense of a claim. If you need a modification, we can help analyze whether or not you have a tangible claim for modification, extensively discuss your goals and exactly what terms you may reasonably get, and gather and present evidence at a trial to support and assist your claim.
Once you have established that a substantial change of circumstances affecting your child exists, the court applies the perfect interest of the child standard.
In most scenarios, it is good to address the issue of a move prior to moving with the child.
If a court order for custody is on ground, a temporary restraining order may be issued by the court to prevent the move of the child or prevent a change in school or other circumstance until a return hearing is held.
When a party aims to relocate such that the child will not have standard access to both parents, the reasons for the relocation and the effect of the move on a child become very important factors for consideration. If this is the initial custody case, the standard used by the court is the greatest interest standard. If you need to modify a still-existing custody order, you must first show that; there is a substantial change in circumstances that is affecting the welfare and well-being of the child before the best interest standard is used.
With all of this being said, a move is possible in some certain cases. Each case is unique and the reasons for the move, its effect on the child, the child’s needs, relationship with both father and mother, and extended family, economic circumstances, community, services available for a special needs of the child, lifestyle of the parties, extraordinary circumstances, distance between homes, and many more factors can all play a part to structure a court’s decision regarding custody. Whether or not you desire to relocate or need to protect against an action to relocate a child, SRIS LAW GROUP can assist you in attempts to have a resolution and, if resolution fails, in gathering and presenting evidence at trial.