Change of Child Custody

Can I change custody and/or visitation?

A parent can request that custody or parenting time be modified. Sometimes a parent wishes a complete change in custody. Sometimes a parent just wants more parenting time with the children. You must wait one year after the last Court order to change custody unless the children are or may be endangered physically or mentally. This one year requirement does not generally apply to changes in “parenting time“.

Sometimes a change in parenting time or custody is warranted because the children want to live primarily with the other parent. Sometimes such change is warranted because of the children’s ages and changed needs. Sometimes parenting time needs to be changed because one of the parents has moved away.

Can I move with the children?

Whether a parent can relocate with the children out of state or even to the other side of town depends upon whether such event is covered in the Court’s order and/or what is in the best interests of the children.

At what age does the child get to decide which parent he or she wants to live with?

A child’s wishes can always be considered. Judges generally do not interview children although they have the discretion to do so, the judge may not allow such testimony if the other parent objects.  Judges will sometimes allow the parents to tell the judge what the children want.

What types of custody are there?

There are generally 3 different types of custody, although the specific terms regarding custody and parenting time options are numerous and depend upon your individual circumstances.

• Sole Custody: This is generally where one of the parents makes all of the important decisions regarding the children (i.e. decisions regarding education, medical, religion), and where such parent has the majority of the time with the children.
  
   
• Shared Physical Custody: This is where everything is essentially equal. Under such option, the parents would have equal time with the children (or very close to equal time). Generally the parents will make all important decisions together (i.e. decisions regarding education, medical, religion).
  
   
• Joint Legal Custody: This is where one of the parents has more time with the children, but the other parent may have rights with regard to decision making. The parent with more time with the children is generally called the “primary residential parent”. The Parenting Plan may provide that one of the parties makes the important decisions after consulting with the other parent. The Parenting Plan may provide instead that the parties make such decisions together. There are numerous options available.

Discount Divorce and Bankruptcy will custom prepare a Parenting Plan to meet your particular needs for any of the 3 different types of custody.

Last updated 01/10/08