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Page 25 of 45 |
Can custody rights be modified? |
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Absolutely. You can go back to court to change a custody order if there is a substantial change of circumstance that has a significant, adverse effect on the child (such as visitation problems, erratic behavior, relocation and impact on child-parent relationship, change in employment, residence, or marital status). Because we live in a highly mobile society, it is strongly recommended that you periodically evaluate the parenting plan. The courts recognize that many factors (such as, children’s age, relationship with both parents, the parents’ relationship, the wishes of the children) can be altered over a period following divorce and, though reluctant to change the parenting custody plan, the courts will do so if it is clearly necessary and in the best interest of the child.
Alternatively, the ex-spouses can voluntarily modify the last order by agreeing to changes between themselves. If there is a departure from the last custody order, it is best to put the new current changes in writing; oral agreements are difficult to enforce. |
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