If one parent moves more than 50 miles away, they must come to an agreement with the other parent. the non-custodial parent will assume full custody, or; a third party will assume custody of the child, they live too far away from the custodial home, they live too far away from extended family, the non-custodial parents work doesnt enable them to have full custody (traveling work), the child would rather stay with a third party (grandparents), The childs relationship with the third-party adult, The wishes of the child and of the parents, The childs adjustment to school, home, community, and other factors, The non-parents ability to provide for and support the child, the changes positively affect the wellbeing of the child, failure to maintain a reasonable degree of interest, concern, or responsibility of the childs welfare, cant attend to special needs as well as you. Major reasons to modify child custody include: Related: Is Georgia A Community Property State? This is why, if you move, you need to figure out how to change jurisdiction for child custody. Instead, a judge will modify custody only if some circumstance materially changed since the original custody order was issued. To schedule your initial consultation today, please call1-888-376-ATTY (2889)or completeour quick online contact form. This typically means the change must be significant, it must be permanent or long-term in nature and it must have an impact on what is in the childs best interests. Any parent can file for custody, whether the parents are separated, divorced or never married. Negative changes in circumstance can justify a custody modification, but positive changes can, too. But if you moved for better specialized medical care for the child, then the ties are higher. Three reasons a judge will change custody in Texas if a temporary change in primary custody is desired. Related: Does It Matter Who Files for Divorce First? In the hearing, you will present all the evidence proving the other parent is unfit. Myers Law Firm met with me, handled my case and would not back down from insurance company. Parents may prove to be completely unable to work together to parent a child after divorce. The most basic part of the "best interests" standard is that custody decisions should serve the children's health, safety, and welfare. Its also pretty obvious that the other parent knew about the custody order. You are Being Alienated From Your Child 2. Its best to talk with a family lawyer about whether your situation necessitates a modification. The other parent does not have to attend the hearing. In this event, the father does not have the right to take the child until he gets awarded custody. [2] They have the inherent authority to reconsider decisions until the final judgment, manage dockets and calendars, control court papers, and supervise most court personnel. The trial court found that since the entry of the original parenting plan, a substantial and continuing change has occurred in the circumstances of the children and parents, such that a modification was necessary to serve the children's best interests.
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