how to modify an existing custody order A few things you should know. There are two standards that the Court looks at when it comes to child custody orders. The first is the best interests of the child standard. That standard is primarily at play when it comes to temporary orders (aka pendente lite orders). The burden of proof is not that high. The Court makes its orders regarding modification of custody on the basis of what is in the best interests of the child (there are multiple factors that go into the best interests of the child analysis). However, if it was a permanent custody order pursuant to Montenegro vs. Diaz, then you would have to show a substantial change of circumstances to modify custody. Now, to modify visitations, whether a permanent order or otherwise, you may not have to show a substantial change of circumstances, but for custody, you would have to do so, otherwise the Court will likely deny the request. To make a showing of a substantial change of circumstance to justify the modification of custody, the burden of proof is much higher than the best interests of the child standard. **4Goose**
Posted on: Tue, 15 Oct 2013 18:46:44 +0000
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