Modification of Child Custody

Question 1

What two things are required for a court to modify a child custody order?

Answer 1

In order to modify a child custody order, the parent must show that:

1. Circumstances have substantially changed; AND
2. The modification would be in the child’s best interest.

Question 2

What state has jurisdiction over modifying a child custody order?

Answer 2

The state that issued the child custody order has CONTINUING EXCLUSIVE JURISDICTION to modify the order so long as that state remains the residence of any party involved.

Question 3

What is the home state rule?

Answer 3

For initial custody determinations, the act gives jurisdictional priority to the child’s home state. The home state is defined as the state where the child has lived with at least one parent, or someone acting as a parent, for at least six consecutive months immediately before the start of the custody proceeding.

Question 4

What is the recent home state rule?
(Remember, this rule is used if the child has no home state)

Answer 4

the act allows a state to exercise jurisdiction if

it was the child’s home state within six months before the start of the custody proceeding, and
the child is absent from the state but a parent still lives in that state.

Question 5

How is initial custody modification determined if the child has no home state or recent home state?

Answer 5

If a child has neither a home state nor a recent home state, a state may exercise jurisdiction if

the child and at least one parent have a significant connection with the state beyond mere physical presence, and
substantial evidence is available in the state concerning the child’s care, protection, training, and personal relationships.