An Attorney in Family Law Explains Temporary Custody Modification
If you are looking to change a temporary custody order, you’ll have to file a petition with the family court that holds jurisdiction over the matter. You can also seek modification through a petition for a habeas corpus hearing. The best thing you can do when you want to move forward is to retain an attorney experienced in family law.
The court always considers the best interest of the child when determining custody, be it temporary or permanent. Because of this, the burden of proof falls on the person who seeks to modify the temporary custody, and they must show a substantial change in circumstances in order to be successful.
Some acceptable changes include an improved financial situation, remarriage, a change in children’s preferences or improved health. Any change in circumstance must occur after the court granted temporary custody. In some instances, you may have to provide evidence of an unfavorable change in the other parent’s situation.
If you’re looking to file a petition for a habeas corpus proceeding when seeking modification, the burden of proof falls on you to show that another individual has wrongful custody or possession of your child. The courts will seek to provide the most stable environment for children through the divorce process, so again a significant change in circumstance must be shown if you’re to be successful.
If you're looking to file a modification to a temporary custody order or have other divorce or child custody issues at hand, contact us to set up a consultation for further evaluation of your case.