Child Custody: Modification Flashcards
Home State
Retains jurisdiction to modify custody order
Modification Requirements
Requires some SUBSTANTIAL, UNFORESEEN, and CONTINUING CHANGE in circumstances justifying modification
Must be in CHILD’S BEST INTEREST
Relocation: Definition
Change in residence that will last AT LEAST 60 DAYS
Relocation: Process
Relocating custodial parent should file notice of intent to relocate in advance
Notice will be given to the other parent and a hearing will be held
Relocation: Factors Considered by Court
(1) DISTANCE involved;
(2) HARDSHIP/EXPENSE on parent not relocating;
(3) ARRANGEMENTS TO PRESERVE RELATIONSHIP with parent not relocating;
(4) Evidence of BAD MOTIVE;
(5) REASONS each side gives; and
(6) BEST INTEREST OF THE CHILD