What factors does the court consider when determining whether to change a prior visitation order?
Generally, in a case between parents, to authorize a change of visitation, the party who brings the action must show that (a) there has been a material change of condition (b) substantially affecting the interest and welfare of the child, and (c) the evidence offered to prove such condition must be fresh, having occurred since the most recent custody and visitation award. However, the court has the authority to review and modify visitation rights once every two years from the date of the original order without the necessity of proving any change in condition, whether slight or substantial, of either party or the children.
