CHILD CUSTODY/MODIFICATION OF CUSTODY/CHANGE OF DOMICILE
Child custody arrangements are not written in stone – they are modifiable so long as proper cause or change of circumstances exists. A parent may also request a modification in parenting time after a final judgment. If you are seeking a change in your child custody or parenting arrangements, Franklin Law has the expertise to determine circumstances in your situation that may warrant such modification and win a favorable outcome for you.
WHAT HAPPENS WHEN YOU SEEK CHILD CUSTODY OR MODIFICATION OF CUSTODY
- Issues regarding custody and parenting time are referred to the Friend of the Court prior to going before the judge. There are different procedures and remedies following a Friend of the Court review.
- When reviewing custody or modification of custody issues, the Court is constrained by a number of factors known as “best interest” factors. These factors may include, but are not limited to: the love, affection and other emotional ties between the parties; the capacity of the parties involved to provide the child with basic necessities such as food, clothing, and medical care, as well as guidance and education; the moral fitness, mental and physical health of the parties involved; the reasonable preference of the child; the permanence of the proposed custodial home; and other relevant factors. The Court determines the weight of each factor and need not consider them to have equal weight.
- Parenting time modifications are also adjudicated using the “best interest” standard. A good attorney will have knowledge of what factors the Court will consider during a petition for modification and what factors are irrelevant.
DID YOU KNOW?
In certain situations grandparents have the right to seek court-ordered parenting time, but they must overcome a fairly high burden.
Moving to a new domicile, and thereby changing a child’s residence, without first contacting an attorney.
The Court must approve the change of a child’s residence if the move is greater than 100 miles or out of state. If you as a custodial parent plan to make such a move, a modification for a Change of Domicile must be filed beforehand. It is important to contact an attorney to determine if the timing of the proposed move is correct and to know what factors the court will need to hear in order to approve the Change of Domicile.