Not exact matches
The story
involves a bored suburban housewife going through a divorce and child
custody battle, whose life is
changed by a chance encounter with a much younger woman.
Courts don't modify
Custody Arrangements lightly, but are not hesitant to do so if making
changes is in the best interest of the children
involved.
The case
involved a claim by the father that the mother was alienating the affections of their daughter, and an application to
change the
custody arrangements.
If you are getting a divorce,
involved in a
change of
custody or struggling with another family law issue, every decision you make could prove critical for your future.
A
change with a child's physical
custody could also
involve a
change in their legal
custody.
Family Law Divorce Child
Custody and Support Paternity Housing (landlord / tenant) Law
involving Evictions Restraining Orders Domestic Violence (Long Beach and Torrance only) Civil Harassment Elder Abuse Name
Changes — instructions and forms only Fee Waivers Claims of Exemption Guardianship (Long Beach only) Conservatorship (Long Beach only) Record Expungement (Inglewood only) And other limited civil areas of law
Judicial responses to alienation include: ordering an assessment; ordering supervised access on a permanent basis; intervention in the early stages of the dispute, before the problem has had time to become «true» alienation, or in the early years of a child's development;
changing custody on a temporary basis; determining whether «pure» or «mixed» alienation is taking place; keeping the courts
involved; suggesting counselling; making a finding of contempt; making a no - contact order;
involving the Children's Aid Society; not making a parallel parenting order; meeting with the children; and in extreme cases, putting the alienating parent's actions on court record, in hopes that if the child revisits the issue as an adult, they may be able to see what actually took place.
Changing joint legal
custody usually
involves proving that your ex doesn't contribute to decision making, even though he has the right to do so, or that his decisions place your children in dangerous situations.
Matters of
custody can also be challenged and
changed over the years, with some parents voluntarily modifying child
custody arrangements and others challenging an arrangement that no longer seems to be serving the best interest of the child or children
involved.
Changing a permanent
custody order
involves going back to court for modification, and the parent seeking the modification would have to prove a
change of circumstance that makes it inappropriate for the children to continue living in the custodial parent's home.
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.
Changes that warrant a modification of
custody terms usually
involve the suitability of the custodial parent's home.
Mississippi takes a firm stance on such matters, so if abuse has occurred
involving the child or spouses during the proceedings, the court will likely
change custody as necessary to protect the child.
For other cases holding that proposed relocation requests which would result in the effective termination of a shared physical custodial arrangement should be treated as a modification of
custody, see, e.g., Lewellyn v. Lewellyn, 351 Ark. 346, 93 S.W. 3d 681 (2002)(both mother and father petitioned for sole
custody of children after mother's proposed relocation would make parties» shared physical custodial arrangement unworkable; court found that mother's relocation constituted material
change of circumstances warranting award of sole
custody to father, even though such a relocation would not be considered a material
change in circumstances in a case that did not
involve shared physical
custody), and In re Marriage of Garst, 955 P. 2d 1056 (Colo..
Included in my approach to the psychology of divorce is the study of how to make life
changes less stressful and how to manage a divorce and
custody case with tools to lessen the severe stresses that a contested divorce
involves.
«While the most factually apparent ground to
change existing
custody arrangements
involves physical danger, the act of alienating a child against a parent presents a nefarious form of conduct that must be met with careful consideration and immediate, comprehensive remediation by a Court....
Remarriage is usually not a reason for a
change in
custody unless other factors are
involved.
Be prepared to revisit and revise your
custody arrangement as necessary, in order to accommodate the inevitable
changes in the lives of everyone
involved.