|
Modification of Child Custody
Child custody is not set in stone. Courts sometimes modify custody when either of the parents request it with good cause. Modification leaves intact the general purpose of the order but amends its details. After a divorce, courts entertain motions to modify child custody (and support) because of a change in circumstance in the lives of the either the custodial or the noncustodial parent. Changed circumstances very often involve amending a custody and visitation routine that has broken down. For example, courts entertain motions for modification when the custodial parent interferes with the rights of the noncustodial parent. In one Missouri case, the court said that the facts of a case showed "an attempt by one parent to alienate a child from the other parent is a changed condition and can form the basis for modification." Interference need not be an active campaign to alienate a child from the noncustodial parent; interference with "reasonable" visitation can be grounds for modification. One variation on interference with the reasonable visitation by the noncustodial parent sometimes happens when the custodial parent removes a child from the jurisdiction where the family resided before the divorce. Not infrequently, shared custody routines break down when parents demonstrate an inability to cooperate, extreme anger or hostility, serious misconduct, make false allegations about one another, or neglect the child.
All custody is subject to modification based on a showing that the change is in the best interest of the child.
In such modification, courts work under the assumption that it is generally in the best interest of the child to have a continuing relationship with both the custodial and the noncustodial parent, and behavior that erodes that is sometimes grounds for modification. Sometimes shared custodians request the court to modify the physical custody arrangements while leaving shared legal custody in place. This may happen as a result of interference by the primary physical custodian, or his or her instability, or his or her remarriage.
Useful Online Tools
Suggested Reading
Resources & Tools
DIVORCED PARENTING -- In divorced parenting, both the custodial and noncustodial parent should remember one axiom: a former spouse who hurts the child’s other parent hurts the child.
|
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Terms to Learn
|
View Children & Divorce Resources in Our Online Bookstore
|
Your Right to Child Custody, Visitation & Support Cover Price: $ Your Price: $17.95 You Save: $7.00 "A Plain English Guide to Protecting Your Children" Author: Mary L. Boland, Attorney at Law
|
| The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc. is also not a referral service and does not endorse or recommend any third party individuals, companies, and/or services. Divorce Source, Inc. has made no judgment as to the qualifications, expertise or credentials of any participating professionals. Read our Terms & Conditions. |







