custody mod ? for moderator

[RSK]

Several posts have noted that in order for a court to agree to change custody via modification, one must demonstrate a significant(?)change in status that negatively impacts the kids. My question is "how significant a change must typically be demonstrated"?

In your experience, would a relocation which results in a different lifestyle (such as moving from a large house in a city subdivision to a small trailer in the country) satisfy the criteria or must one demonstrate actual neglect/abuse? Is a child's relocation away from older (adult) siblings significant if they are close? Also, if the new location's schools are estimated to lower quality (not necessarily bad,just not as good; maybe average), is that significant if a child has learning difficulties such as mild ADHD that is being addressed at the current school? How about a conbination of several of these type issues?
Thanks!

 

[usdeeper]

In the example you gave, I believe it would be hard to get custody changed.. however, was the child moved without permission from either the courts or the non custodial parent ?

If a child is taken from the state holding jurisdiction without permission, then there is a possibility of being enough to proceed with a custody hearing IF the non custody parent is remaining in the old state AND up until that move, had a very healthy and regular relationship with the child which is now virtually destroyed by the move.

If permission was granted.. then it will be up to the NCP to make the CP who moved pay for as much travel expenses as possible to ensure that the relationship continues.

Moving is a big topic on many boards.. To sum up...

If the NCP moves out of state, then that is their decision and they pay 100% of travel.

When the CP wants to move they need permission from either the NCP or the courts. If the NCP is still living in the same state and has a good relationship with the child, THEN THIS IS THE TIME TO ACT. Once the child is moved, jurisdiction starts to become an issue (normally 6 months after).. another states courts get involved and you need another attorney in that state. Act before they move.

At this point, you need to fight to ensure that the relationship you have with the child continues.. Make the CP aware that by moving they could be liable for at least 75% of all travel costs... this may be enough to keep them from moving.. go to court to ensure this is court ordered.. ensure that the court knows that by moving your relationship with the child will suffer.. Also get the visitation changed, every other weekend is obviously not going to work.. Change it to 2-4 weeks in the summer, a week during spring break, two weeks at Christmas every other year. You need them to be fewer, but long stays.

If after the move, the CP refuses to pay for the travel and the relationship with the child suffers, then the NCP has enough of a case to think about gaining custody.

There are many other scenarios to many to mention.. the one I am investigation at the moment is if the NCP moves 3000 miles away and then later, the CP moves out of the home state to say Virginia. Any move is closer to the NCP and since the NCP moved away first, can they change the agreement to force a split in travel expenses. Obviously this will be down to local state laws.. but I find that scenario interesting.