How To Modify Custody
I know a lot of fathers out there are interested in how, legally, they can have the existing custody order modified.
The general rule of thumb is that a family court’s custody order can only be altered if it’s proven that there’s been a change in circumstances which substantially affects the child’s best interest.
So, remember, just like everything in family court, the standard is “best interests of the child.” Judges tend to value the stability of the custodial home, and, for them to flip custody they usually must see that the custody change is necessary to protect the child.
Let’s take a look at how you can get custody dad. The following list represents the changes which a court would consider serious enough to flip custody to daddy.
- If for some reason, the children are in effect already living with the “visitation” parent most (or all) of the time; and, if this residence change hasn’t been contested by the custodial parent.
- The child expresses her desire to live with the noncustodial parent. On the level, if the child is under fourteen, this will rarely modify custody if it’s the only factor.
- Stepparent problems.
- The custodial parent has been convicted of a crime.
- Illegal drug use in the home of the custodial parent.
- Negligence or poor child care or poor health care.
- Mental illness or emotional instability corroborated by a psychiatrist.
- Physical, psychological, or sexual child abuse.
- Terrible academic performance.
- Mom’s alienation efforts or habitual visitation frustration.
- The custodial parent has relocated to an unsafe environment.
- Mom relocates a far distance which limits dad’s access.
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