Has there been a substantial change in circumstances since
the original child custody order was filed?
If you believe that ending visitation by your ex-spouse is in the best interest of your child, you need to review your own state's child custody laws to see if you have legally acceptable reasons to request modification of
your original child custody order.
Once you have determined that you have strong legal grounds for seeking to end your ex-spouse's visitation rights, you need to contact the court that issued
your original child custody order, and file a motion for modification of that order.
Additionally, if the custodial parent continues to interfere with visitation, the court may modify
its original child custody order.
This strict test discourages frequent applications to change an Order by a party who was dissatisfied with
the original child custody order.
Not exact matches
In Illinois,
child custody may not be modified until at least two years after the
original custody order, unless the court believes that the current
custody arrangement will endanger the
child's physical, mental, moral, or emotional health.
If you can demonstrate to the Court that circumstances have changed since your
original custody and support
order, and that a post-decree modification is in your
child's best interests, the Court may
order the change.
Because
child custody orders are notoriously difficult to amend, our experienced lawyers anticipate issues that might arise and incorporate solutions in your
original order.
Your argument should focus on what has changed in either your or the other parent's life since the time of the
original order that makes having a joint
custody arrangement in the best interest of the
child.
Courts prefer not to have
children go back and forth between parents more than necessary and will only modify its
original custody order if it has a really good reason for doing so.
Whether the case is concerning an
original custody order or a
custody modification, courts in every state are primarily concerned with what is in the best interests of the
child.
After two years, you may seek a
custody order when there has been a change in circumstances since the
original order and it is in the
child's best interest to change the
custody arrangement.
If circumstances have materially changed since the time of the
original order and it is in the best interest of the
child, either parent may ask the court to change the
custody or visitation arrangement.
Under the law, the court will change a
custody order only if circumstances have changed since the time the
original order was in place and if it is in the best interest of the
child to modify the
custody arrangement.
If your
original custody order gives your
child's other parent sole physical
custody, you must ask for, and receive, a court
order before you can enjoy a shared physical
custody arrangement.
No matter what your reasons are for not wanting your
children to have contact with their other parent, if you want your ex-spouse or ex-partner prevented from visiting your
children, you need to return to court and get the
original custody order changed to avoid legal repercussions.
Some jurisdictions have specifically held that the parent with sole
custody has a nearly unqualified, if not absolute, option to re-establish, in good faith, his or her residence, with
child, outside the territorial limits of the court pronouncing the
original custody award, if no restrictive provision of a court
order prevents the same.
In Illinois,
child custody may not be modified until at least two years after the
original custody order, unless the court believes that the current
custody arrangement will endanger the
child's physical, mental, moral, or emotional health.
If your ex has relocated out of state with your
children, you can file a motion to enforce the
custody agreement in the courthouse that issued your
original divorce decree or
custody order.