Sentences with phrase «change the custody terms»

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.
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