Child Custody Modification: Professional Legal Insights

The court will rarely change the custody order within the first year it is in place, unless something really drastic happens. Most of the time there has to be a substantial change in circumstances in order to modify a custody order.

At What Age Can A Child Decide Which Parent They Would Like To Live With?

The child usually has a say when they are 12 or 13 years old, although a judge can always trump their say. The judges allow a 16 year old to go with whichever parent they want to be with, so the power tends to shift between the ages of 12 and 16.

What Happens If A Parent Needed To Move Out Of State For Work Or For A Sick Family Member?

Custody orders are usually put within a mileage range, so one party could not move further away than 50 to 150 miles without getting a change of custody. This is really done for the child to keep them in an environment that they feel safe and secure, so they would not be moving around too much.

A person would usually have to go to court if they wanted to move out of state and change the custody. Every decree is different, so it depends on the decree if there has been one, but if no decree or no custody order had been entered then there would be nothing preventing a party from moving, although it would change the custody situation depending on what was done before. The minimum required amount of time with each parent changes when one is more than 150 miles away.

What Happens When A Child Wants To Live With The Other Parent Because They Would Have More Freedom?

That does happen on occasion, and it is important for the parent who is stricter, and does not let the child be irresponsible, to bring that to the attention of the court. Usually when the court is made aware of that, they will make sure the child is not with the parent who would be lackadaisical and not make their child get good grades. It really depends on how the child is suffering. For example, if the child’s grades are suffering, if they are 16 and don’t have a part-time job and are not doing anything, if they are lazy and play videogames all day or something of that nature, then the court will be concerned because they really want what is in the best interest of the child. In order to ensure the best interest of the child they will want the child to grow up to be a responsible adult. Usually the stricter parent will be the one who the judge will want bringing up the child.

Does the Agreement Change Once The Child Is 18 Or After The Child Graduates From High School?

In the state of Utah, it is whichever occurs later. When they turn 18, join the military or graduate with their regular class- whichever happens later – that is when child support will end because at that point, they become an adult.

How Does It Work For A Child Who Has Been Adopted?

Adopted children are treated exactly the same as if they were natural born children, so the circumstances are identical.

For more information on Modification of Child Custody, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling [number type=”1″] today.