Family Law - MEE Flashcards
Are custody orders modifiable?
Custody orders can be modified only if there has been a substantial or material change in circumstances since the original order was issued.
Even if there is a substantial, or material, change in circumstances allowing the possibility of modification of an original custody order, a court should not modify a custody order unless the change serves the child’s best interest.
Nonmarital cohabitation
In some states, appellate courts have ruled that a custodial parent’s post-decree nonmarital cohabitation constitutes a change in circumstances significant enough to justify a modification hearing.
A child’s custody preference is relevant to a custody determination, and a change in a child’s custody preference can constitute a substantial change of circumstance warranting a modification of custody.
Modification of custody justified where the preference is explained by the child and good reasons for the preference are disclosed and there is a permanent, material, and substantial change in circumstances.
Timing of request of modification of custody decree
Most states disfavor modification when sought shortly after a custody decree has been entered on the belief that children’s interests are best served by stable custody arrangements.
If a modification is filed within 2 years of the original decree, a modification hearing may only be authorized if evidence suggests there is a reason to believe the child’s present environment may endanger his physical, mental, moral, or emotional health.
When is joint custody not appropriate?
when parents are unable to make shared decisions concerning the welfare of the children.
The parents’ ability and willingness to communicate and cooperate is crucial in considering whether joint legal custody is proper.
Most courts will not impose joint custody on unwilling parents because it is generally understood that requiring hostile parents to share custody would be harmful to children.
Even in states that do permit the imposition of joint custody over parental objection, a court may not order joint custody unless it finds that this arrangement is in the child’s best interest. Courts may consider the extent of parental conflict and the likelihood of achieving both cooperation between parents and a stable living situation for the child.
