| Maury |
| (Carpal \'Tunnel) |
| 12/13/11 10:21 AM |
|
Re: Can this be used for modification of custody?
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First, most states have a presumption to preserve the original custody determination. As a result, it takes quite a bit to modify custody.
Second, to modify custody, or, to a lesser extent, to modify the parenting schedule, at a minimum you must demonstrate there has been a substantial change in circumstance since the last order and that the change is in the child's best interests.
Your post does not indicate how the change in schools is a substantial change, why it is occurring, how it affects the child or why a change in custody or parenting schedule is in the child's best interest. Certainly, if your child is only in kindergarten and is transitioning from a preschool, there is little to suggest the change is unusual. In other words, without substantially more, there is very little to assess.