HYBRID APPROACH

In order to discourage parents from constantly litigating custody, some states use a hybrid approach which makes it more difficult to change custody shortly after a custody order has been entered. In such states for a certain period of time after a custody order has been entered (generally one or two years), any motion for a modification must show not only a change of circumstances, but also that the child is endangered by the child’s current environment.

After expiration of the one-or two year period, the standard is reduced to a review of what is in the child’s best interests.

CUSTODY EVALUATIONS

If a Court hears a motion for a change of custody and believes as a result that there may be a basis for the change, it may require a custody evaluation performed. How each parent presents their issues in the custody evaluation can be a critical part of the cases success or failure.

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