When can a claim for child custody be filed? Once a child custody order has been entered, can it be modified?
If there is no order or agreement by the parties resolving the issue of child custody, a child custody claim may be filed by any party at any time so long as the parties reside separate and apart. Custody is always modifiable by the courts. The courts have the inherent responsibility to protect the best interests of the minor children of this state. As a result, the Court is always willing to hear motions to modify any type of custody order that’s been entered if certain changed circumstances can be shown. A party moving the Court to modify a child custody determination has the burden of showing that since the entry of the last order, there has been a substantial and material change of circumstances affecting the best interests and welfare of the child(ren). Only if this burden has been met, may a court modify the previous order setting forth custody.
Related Questions
- After I filed a claim, the insurance company offered me a ridiculously low settlement that won come close to covering the necessary repairs. Should I accept the offer?
- When can a claim for child custody be filed? Once a child custody order has been entered, can it be modified?
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