Lee-Thanks to you and Bessie for all of your help last year and most recently with the referral. I sold the house and the kids and I moved 8 days before Christmas.
God is good, faithful and true. Both of you are supposed to follow this order. If this is the case, you can file a petition to modify the child custody order. Besides filing for a custody modification, you can also ask that the other parent be held in contempt of court.
What works for a baby may not work for a toddler or a high school student. A child may need different environments in order to thrive at various stages in their life, making one home more suitable than another. If a child develops a mental, emotional, or physical disorder, and one parent is better suited to care for the child, that could also provide a reason for a judge to change custody. The parent who wants a modification will have to file the motion to modify and prove the changes are substantial and affect the child, and the judge will determine how to proceed.
Negative changes in circumstance can justify a custody modification, but positive changes can, too. In the meantime, if your child is in urgent danger, you should call the police. Then, you can work with your attorney and file a motion to modify your custody agreement and protect your child. This does not mean that the parent and child are all of a sudden not getting along.
This essentially means that the change is permanent, not temporary. Examples of substantial changes of circumstances include:. Not all changes of circumstances are negative though. Some custody agreements will prohibit the custodial parent from moving out of state, or the custodial parent may simply need to give the other parent notice of the move ahead of time. Regardless, some moves even within these parameters will require an order modification.
This is because moving does not automatically warrant a modification of orders. If the non-custodial parent wants to modify the custody order because the other parent moved, they will need to prove that:. Keep in mind that physical relocation does not automatically warrant a custody modification. Whether or not both of you personally agree with the original order, you are both legally obligated to comply with its terms.
However, the need for a modification of a child custody order often arises as the lives of both parents and the children progress overtime. There are many, many reasons why there may be a need to modify a child custody order. Parental Alienation can take place before a couple separates, during separation, or after a child custody order has been established. Addressing Parental Alienation is a difficult process, but it must be done.
There are many different approaches to the problem, but almost all, if not all, involve litigation. If there is a child custody order that gives the alienating parent custody of the child, then that order may, and most likely will, have to be modified to address the alienation. Finally, the court may need to address therapeutic decisions in the underlying order and may need to make modified orders for mental health intervention for the family.
Most child custody orders are set up with the parents appointed as joint managing conservators. In cases where changing parenting time would actually change custody, the moving party must have the same proof that is needed to change custody.
Proper cause or a change in circumstances must be significant for the judge to consider changing custody or parenting time in this situation. A change in circumstances must be something that happened after the last custody order was entered.
The moving party must show the change has had or could have a significant effect on the child. Proper cause must be related to at least one of the 12 best interest factors.
It must have or be likely to have a significant effect on the child. Usually, events that amount to proper cause happen after entry of the last custody order. A change in circumstances is similar to proper cause. If something that happened after the judge signed the last custody order qualifies as a change in circumstances, it is usually also proper cause. The reverse is also true.
If the moving party cannot prove proper cause or a change in circumstances, the judge will not change parenting time. The current parenting time order will stay in place. When changing parenting time would change the ECE, examples of a proper cause or change in circumstances include but are not limited to :.
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