Modification of Custody & Parenting Plan

When a parent seeks to have the custody or parenting plan order changed, it is his/her burden to show the court why it should be changed. The court follows the old notion of, "if it isn't broke don't fix it." This is based on the idea that stability is best for the child unless you can show that there is something in the environment that will adversely impact on the well being of the child. This is not as simple as it may seem. The factor(s) in the environment have to not just make your home as good as the custodial parents, but better. To do this you must show that there has been a substantial change in circumstances and that it is in the child's best interests to make the change you are proposing. If the two homes are thought to be equal, then custody will stay as it is. Remember, a temporary or pendente lite custody order is not a final order. You would not be required to show a substantial change in circumstances to have custody changed in the "permanent" custody order.

The court that made the original custody and visitation order usually retains jurisdiction to decide modification unless the parties and child no longer have close ties to the court and the court surrenders its jurisdiction. However, the court with original jurisdiction may refuse to hear the custody case if a child has been wrongfully taken from another state or taken without the consent of the person entitled to custody.

For more information on how we can help you modify your custody or parenting plan order, please contact us at info@cplspa.com.