Is there a bar to custody modification within a short period of time after a custody judgment?
Absent a stipulation by the parties, no motion to modify a custody judgment may be made earlier than two years after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child’s present environment may endanger seriously his physical, mental, moral or emotional health. Even after two years, changes in custody should neither be arbitrarily made nor be subject to constant or even occasional variation merely to follow fluctuations in the health, employment, or residence of the party last deprived of custody. Such factors as remarriage or securing permanent employment and living quarters, while not controlling, are sufficiently related to the child’s welfare, even when involving the parent not then having custody.
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