What are the reasons (grounds) that the court will modify custody of a child?
The grounds for a change of custody are complex and should be discussed with an attorney. The court may consider whether there has been a significant change in the circumstances of the parties or of the child, or whether a person with visitation has been convicted of child abuse or family violence. Do I have to wait a certain amount of time before I can file a motion to modify custody? Generally, there is a one year time period from the date of the last court order. However, if you are seeking to change custody less than one year after the original order was signed, then the court has special requirements that you must show in a sworn affidavit before the suit can go forward. In the case of an emergency, the timing of the suit is usually not an issue. But in other circumstances, it is probably wise to wait at least one year before you attempt to change custody. At what age can my child choose with whom to live? A child 12 years or older may file a document with the court naming the par