Modifying Custody


In general there must be a substantial and continuing change of circumstances that has occurred since the last order that makes a change of the residence of the child in the best interests of the child. These are supposed to relate to the circumstances of the child not that the parents have bettered themselves. Fundamentally you need to convince the Court that the child needs to be moved. This really means that staying put is detrimental to the development of the child.


So many weird things occur that there is no simple guideline or rule of thumb. This is a thing that requires discussion with your counsel. However a few are that: "little johnny" needs special classes because he is a prodigy or a dolt, and the custodian will not allow him to take those classes; "little johnny" is involved in gangs; "little johnny is doing drugs".


Technically, any motion to modify a court order is a new case, so all the rules regarding the Court Process and Child Custody issuses under the Divorce section accessable on the home page apply here.