Verification?

[CJane]

This does NOT pertain to my case w/either ex. But it does pertain to my STATE.

What is the name of your state? MO

So, I've been saying for awhile that a change in VISITATION does not require a change in the circumstances of the child or the child's custodian. That the CoC requirement is reserved for changes in CUSTODY.

This would seem to bear that out...

Modification of Visitation vs. Custody-
Different standard for each recognized- Modification of custody governed by 452.410 and requires change in circumstances of child or custodian.

Modification of visitation governed by 452.400 and requires only that best interests of the child be considered. James v. James, S.D. Mo. slip op. 18304, filed May 17, 1993.

Am I correct? Would a change in visitation be filed roughly the same way, but be focused on proving that the change in schedule would be best for the kids?

For instance, if parents already have joint custody, and one has e/o/w but wants more visitation - they'd only have to prove that it's in the best interests of the child to increase the time, yes? And the reverse would also be true?

As long as the legal and physical CUSTODY remains the same (presumbaly joint) and only the TIME SHARE changes, it's only a change in visitation?


Second bit of curiousity:

Presumption of Fitness-
After child custody has been adjudicated in a dissolution of marriage proceeding, the custodian of the children is presumed suitable and the party seeking to change the custody
has the burden of showing a substantial change of conditions mandating the requested change to further the best interests of the child. Hoefer v. Hoefer, 860 S.W. 2d 376 (W.D. Mo. 1993).

This specifies "in a dissolution of marraige proceeding"... but wouldn't it likely apply in ALL custody proceedings?

 

[LdiJ]

This does NOT pertain to my case w/either ex. But it does pertain to my STATE.

What is the name of your state? MO

So, I've been saying for awhile that a change in VISITATION does not require a change in the circumstances of the child or the child's custodian. That the CoC requirement is reserved for changes in CUSTODY.

This would seem to bear that out...



Am I correct? Would a change in visitation be filed roughly the same way, but be focused on proving that the change in schedule would be best for the kids?

For instance, if parents already have joint custody, and one has e/o/w but wants more visitation - they'd only have to prove that it's in the best interests of the child to increase the time, yes? And the reverse would also be true?

As long as the legal and physical CUSTODY remains the same (presumbaly joint) and only the TIME SHARE changes, it's only a change in visitation?

You understand it correctly in my opinion.

Second bit of curiousity:



This specifies "in a dissolution of marraige proceeding"... but wouldn't it likely apply in ALL custody proceedings?

Yes, again I agree that it would likely be applied by a judge in all non-original custody proceedings.

 

[Ohiogal]

I agree with LD.
PS: Two hearings down 22 to go.. plus a PC three day.