How to Modify Child Custody Orders

When making a decision about child custody, family law courts favor stable living arrangements rather than disruptive change. After a custody decision has been made, a court may modify child custody only if there has been a material change of circumstances that suggest it is in the best interest of the child to change custody from one parent to the other.

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What qualifies as a Material Change of Circumstances?

If a custody arrangement is in place and one of the parents wishes to modify it, he or she will need to prove that there has been a material change in circumstances. A material change in circumstances is something that alters the conditions of the child’s life significantly enough that it may change the court’s decision on what was in the best interests of the child.

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How to Change Child Custody When the Other Parent Won’t Agree

When a child custody agreement is in place, that agreement is legally binding and both parents must share the child according to the terms of that agreement. If you decide you want to change child custody, you can’t make a unilateral decision to do so. This means if both parents do not agree on a modification, you’ll have to go to court and convince the court to change child custody.

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Can cohabitation affect spousal support or child custody?

The definition of cohabitation varies from state to state, but the term generally refers to an unmarried couple living together in a romantic relationship. According to the U.S. Census, the number of unmarried couples living together increased tenfold from 1960 to 2000. Cohabitation can be an attractive option for couples, but if you are divorced or separated from your ex-spouse, you should understand the ramifications of cohabitation before moving in with your new partner.

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What is a child visitation plan?

A child visitation plan, sometimes part of a parenting plan, is an important part of co-parenting. Read on for more information about child visitation plans and how they fit in with a good parenting plan.

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