However, the process of moving from separation to divorce usually does not, by itself,
change custody terms.
If she takes in a roommate who has a history of domestic violence or child abuse, a court would most likely
change the custody terms to insure the children's safety.
When parents share an equal amount of time with their children and one parent wants to relocate out of state and take the children with her, this necessitates
changing the custody terms of the divorce decree.
Not exact matches
The 2018 laws on child
custody changed the
term from
custody to joint legal decision making.
If your divorce is final, but your circumstances have
changed, or if there are concerns that one of the parties to a divorce is not abiding by the
terms of a
custody, visitation or support agreement, you want an experienced lawyer to protect your rights in a modification or enforcement proceeding.
The court decided that since the ruling extended only until the permanent
custody hearing in February that a ruling
changing the previous decision was not in the best interest of the child, subjecting the child to an unnecessary short -
term upheaval of his residence and schooling.
If what they have in place is a Separation Agreement they can
change the
terms of the contract with regard to
custody and access.
However, it is possible to modify the
terms of the
custody order if a
change is sought through the courts.
We agree with counsel for the appellant that the trial judge wrongly focused on the likely difficulties of a
change in
custody — which the only evidence on the subject indicates will be short -
term and not «devastating» — and failed to give paramountcy to M.'s long -
term interests.
A key portion of our practice is devoted to helping divorced parents
change the
terms of their divorce through Florida child support modification, and
changes to child
custody and parenting plan orders.
In the event the court has terminated a surviving parent's rights, or
changed the
terms of the decree post-divorce to award full
custody to the deceased parent, California law allows third parties — such as grandparents or other relatives — to intervene.
To get a modified court order for
custody, the parent requesting the new
terms must prove a «material
change in circumstances.»
If a former spouse wants to
change either
custody or alimony
terms based on an ex-spouse's cohabitation, he must request the
change by petitioning the court for modification of the divorce decree.
Before requesting a court - ordered modification to
change a
custody arrangement, each parent should understand the
custody terms in the current order for
custody.
Legally the language has
changed; however, the
terms custody and visitation are still commonly used.
This
change in the law eliminates the
terms «
custody», «custodial» and «non-custodial parent», «primary residence», «primary residential parent» and «visitation» from all statutes in exchange for shared parenting plans and time - sharing arrangements.
Settlement
terms involving children, such as support,
custody and parenting time are not binding, and the divorce court retains authority to
change these agreements, if necessary, after the divorce.
When couples divorce in Louisiana, the Louisiana court issues an order that describes child
custody terms, but those
terms may need to
change if one or both spouses later wish to move out of state.
Changes that warrant a modification of
custody terms usually involve the suitability of the custodial parent's home.
This was a really big move in
terms of Texas child
custody laws, because until this time the process generally favoured the mother in any such disputes, and so these
changes marked a sea -
change not only in
terms of the practical day - to - day arrangements for dealing with child
custody arrangements in Texas.
An attorney can tell you if your reason for
changing custody is something that will stand up in court, such as that you've had to take your ex back to court repeatedly because he's broken the
custody terms of the decree, or that circumstances in your ex's home have
changed dramatically and now pose a threat to your child's well - being.
Title 25, Chapter 4, Article 1, A.R.S. Section 25 - 403.02 defines the essentials of the parenting plan, which includes each parent's rights and responsibilities in
terms of personal care and decision making in the areas of education, healthcare and religion; a detailed schedule of the physical residence of the child throughout the year; prescribed courses of action when
changes need to be made to the agreement or if the agreement is broken by one party; and a statement from both parties acknowledging that joint
custody is not defined by equal parenting time.
If the
terms of your divorce decree dealing with child
custody, child support, or alimony simply don't work because of a significant
change of circumstances — you may be able to obtain a modification of the decree.
A noncustodial parent who is unhappy about a potential relocation may need to return to court and request a
change in the existing
custody terms.
Depending on the wording in your agreement, you might not be able to
change the
terms regarding alimony or property division, but
custody and child support provisions can always be altered later if there's a
change of circumstances.
If you notify the court immediately that you've
changed your mind about the
custody terms, the judge may not sign the judgment and you can go back to the drawing board — either by attempting to negotiate a new agreement with your spouse or by going to trial so the court can decide
custody.
«[The court's] findings concerning parental competition and alienation, Verda's willingness to make needed
changes, her ability to make difficult decisions for the children's long -
term welfare, her capacity to model behavior needed for the children to become healthy adults, and her availability to provide weekday stability all support the court's determination that awarding primary physical
custody to Verda was in the children's best interests.»
As your children grow older or circumstances in your life
change, you may wish to renegotiate the
terms of your divorce, including alimony, child support,
custody, or parenting.
Most of these motions were to
change custody or visitation, not to enforce parenting time... If the desire of the legislation was to make it easier for unhappy parents to enforce their visitation time, its purpose was clearly not met... «Constitutionalizing child
custody, or litigating in
terms of individual parents» rights, is likely to harm children in many ways.
An agreed or uncontested modification case is uncontested when you and the other parties in your case agree (no one is contesting) to
change terms in a previous order about
custody, visitation, or child support.
With the new laws that have come into effect, one of the major
changes is that the
terms «visitation» and «
custody» will no longer be used.