Established Custodial Environment Flashcards
When is ECE an issue?
When modification of custody is at issue, first discuss whether there is a proper cause shown or a change in circumstances that warrants a modification. This threshold inquiry must be made for the court to determine whether to hold an evidentiary hearing to revisit a prior custody award. The change must be something significant and generally not anticipated at the time of the judgment. To establish proper cause or a change in circumstance . . . a movant must prove by a PREPONDERANCE OF THE EVIDENCE the existence of an appropriate ground for legal action to be taken by the court. Must be of such magnitude to have a significant effect on the child’s well-being. Then go on to discuss whether there is an ECE.
When is an ECE present?
A custodial environment is established if “over an appreciable amount of time, the child looks to the custodian for guidance, discipline, the necessities of life, and parental comfort.”
What if there is an ECE?
If a custodial environment was established, a change in custody can only be made on CLEAR AND CONVINCING EVIDENCE that the change would be in the best interests of the child.
What if there is not an ECE?
Custody can be modified by showing a PREPONDERANCE OF THE EVIDENCE that a change would be in the BIOC.
How is this different if a party is only trying to modify parenting time?
If a party is only trying to modify parenting time, the party must show by a preponderance of the evidence that modification is in the BIOC. The parent can also use normal life events (the child is getting older) to form the basis for the modification. However, the parent must still show how the child’s needs are not sufficiently being met by the parenting time arrangement.
