Child Custody Change

Child custody change refers to the change of the court order regarding the custody of the child between two parents in the process of or has undergone divorce.

The court will order a child joint custody if they deemed both parents as unfit to raise and take care of the child.

This will result in either a physical joint custody, wherein both parents retain equal legal rights regarding the child’s welfare as well as the child being able to have two primary residences, or a legal joint custody, wherein one parent gains primary custody to make smaller everyday decision making without the necessity of having the consultation of the other parent while that other parent only gains partial custody and is limited to visitation privileges.

If the judge sees one parent to be unfit in taking care of the child, it most likely that the order would be a joint legal custody.

If the primary custodial parent suddenly becomes unfit, then the judge has the power to change the primary custody to the parent, depending of course on certain factors such as the qualification of the other parent to assume the primary role and the adequacy he or she can provide which has now been lacking to the other.

If both parents are unfit, this will only imply that they are a potential danger to the child and this is what the court is trying to prevent – the welfare and the future f the child depends on their decision after all.

Unhealthy environmental conditions, uncontrolled drug or alcohol consumption, neglect, and a risk for injury – these are what makes a parent unfit to have custody of the child.

In fact, under these conditions, the judge could strip a parent from his custodial status.

Having a poor financial status such as not having his or her own residential abode does not necessarily mean a parent would lose his legal rights to a child – be it sole custody or joint custody.

Child custody change of being the child’s primary custodian can occur from one parent to the other or it could even lead to the loss of the custody of another provided that evidence is given before the court.

The court tries its best to avoid the loss of a parent’s custody, because severing ties between a child and parent can be potentially detrimental to the development of the child, unless, of course, sufficient evidence would have to force them to do so.

Under this circumstance, the court removes an obstacle to the child’s progress towards becoming a better person.

With those said, child custody change is not automatic.

However, what may seem unfit to one person may seem different to another.

And this is the tricky part.

The court will maintain the legal process and will do their best to analyze every detail in able to come up with the most appropriate decision.

The main concern is what becomes of the child when the court finally comes to its decision.

Fortunately, they can change their orders provided sufficient evidence convinces them to do so.