How do I change a custody order if we already have one?
The parent asking that custody be changed must be able to
prove that: (1) since the entry of the most recent custody order, there has
been a permanent, substantial and material change of conditions, as a result of
which (2) the minor child would be substantially better off if the modification
were granted.
The change of conditions referred to above concerns
the status of the custodial parent's household. Changes in the life of the
non-custodial parent are irrelevant in assessing proof of permanent,
substantial and material change sufficient to warrant modification. Changes in
the non-custodian's life may apply only in deciding whether a child would be
substantially better off if custody were changed.
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