What do I have to prove to modify my existing custody order?
If a custody order already exists, the court uses a two part
test: the material change of circumstances and the child’s welfare would be
substantially enhanced by the change.
While best interest of the child will also be considered, the court is
looking at why (or how have) things changed.
The moving party in a modification custody proceeding must show that
circumstances have substantially changed since the most recent custodial
order. Events that took place before
that proceeding are inadmissible to establish a change of circumstances.
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