If a parent believes that the current custody or visitation order should be changed a Motion for Modification can be filed. For a Motion for Modification of Custody to be granted the court must make two findings:
1. A Modification of Custody involves an initial determination as to whether there has been a “substantial change in circumstances” since the date of the last court order. This requirement is designed to prevent parents from filing modifications of court orders for minor changes within the family dynamic and to avoid courts with the burden of re-litigating issues which have already been decided.
If a judge decides that there has not been a “substantial” change in circumstances the motion will be denied. The current court orders will therefore remain in effect.
2. However, if there has been a “substantial change in circumstances” then a judge will reconsider the current custody orders. But, a judge is not required to modify the orders. Rather the “best interests of the child” standard controls in deciding whether the current order should be modified and, if so, what the new order should be.
If the request is to Modify Visitation, then the judge does not need to a find a “substantial change in circumstances.” The judge can change visitation orders if it is in the child’s best interest to do so.
Before a judge decides the modification, a guardian ad litem may be appointed by the court to advocate for the “best interest” of the child. A judge may also request Family Relations to perform a study regarding the issues surrounding the modification.
It is unwise to disregard court orders or take unilateral action concerning orders of custody or visitation. A Motion for Modification is the proper procedure to address these situations concerning children.
I represent parents throughout Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact me online or call my Fairfield office at (203) 259-5251 or my Stamford office at (203) 356-1475 if you have questions about a Connecticut Modification of Custody. Or reach out if your parenting time with your child is being withheld by the other parent.