Custody Modifications

When divorcing parents make decisions concerning their children, those decisions are usually not binding. However, both parents must agree to the modification if it is to be a seamless change. This may prove to be difficult and if one parent is reluctant or unwilling to make the change, the issue must be brought to court. The judges make decisions based on the best interests of the child. However, since the best interests of the child are not clearly defined, the judges often decide based on certain state rules and/or their own nest judgment, all things considered.

Changing Child Custody Rulings

When a parent wants to modify the child custody ruling, they must present an objective reason. The court will only regard the reason as valid if it is in the best interests of the children. If a parent no longer lives in as close proximity to the child as before, the court may approve of the custody modification. If the custodial parent becomes abusive or harmful to the child, the court may also agree to modify the orders. Sometimes the child may voluntarily ask to live with the other parent, in which case the court may also be inclined to grant modification.

In other cases, the child experiences a change in health needs which exceed what the custodial parent can afford. This is another instance when the court may be inclined to modify the orders. In order for the rulings to be modified, the requesting parent must provide evidence of the circumstantial change. If the custodial parent experiences a substantial strain, he or she may use that as a reason to modify the child custody ruling. Sometimes the court writes a cost of living adjustment – also known as a COLA – in the initial court hearing.

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