What is a material change in family law?

What is a material change in family law?

For custody and access, a material change in circumstances means that you must demonstrate a change in the condition, means, needs or other circumstances of the child occurring since the making of the custody order or last variation. Change alone is not enough.

How hard is it to change custody agreement?

Changing child custody is straightforward when the parents agree, but it is more difficult when one parent does not agree to the change. The parent who wants the change will have to file a motion with the court that granted the divorce.

Will a judge change custody?

A judge can’t force a parent to remain in the state following a divorce. However, in some instances where one parent relocates, a judge will change custody to serve a child’s needs. A custodial parent has the right to travel freely and even relocate with a child under certain circumstances.

Why would a judge modify parenting time?

If you can demonstrate to the court that the child’s needs have changed, you may have grounds for a custody modification. If a child develops a mental, emotional, or physical disorder, and one parent is better suited to care for the child, that could also provide a reason for a judge to change custody.

What is considered a change in circumstances?

Thus, the requesting party must show that a change is justified. Common “substantial changes in circumstances” may include: a loss or gain of employment, a sudden change in either party’s finances, a relocation of the parties or children, a death, a change in the child’s wishes, etc.

What is considered an unstable parent?

What exactly is an unfit parent? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

Do mothers usually get primary custody?

It is a common misconception that family law courts prefer mothers in custody battles. People will tell you that mothers always win primary custody. (Unless you are talking to a divorce lawyer.) Family law courts base their decisions on the best interests of the child.