A Court can only make changes to a child custody order if you can show that:
1. There has been a “change in circumstances” since the last custody order. There has to have been a change in the custodial parent or child’s life that has a direct, harmful impact on the child.
2. Because of the “change in circumstances,” it is now in the child’s “best interest" that the custodial parent be changed. Questions the Court uses to understand the child's best interest are:
a. Have the child’s wishes (if they are old enough) and relationships with parents, siblings and other family members been taken into account?
b. Will the plan disrupt the child’s school life or involvement with their community?
c. Are the parents mentally and physically healthy?
d. Does either parent or member of their household have a criminal past?
e. Is each parent committed to the plan, at least for now?
f. Does either parent live outside of the state or have any plans to move?
g. How will the child be supported financially?
• The move from one parent’s custody to the other has to cause more good than harm to the child.
3. If the Court has already considered an issue, and there hasn’t been a meaningful change since the last order, it cannot be considered again.
For further questions regarding this topic, please call the attorneys at Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills, at 513-631-0022.
