A Maui child custody modification is a sensitive matter.
When custody arrangements no long work, parents may need to ask the court for a change. But since the main concern should always be the best interest of the child, the reasons why a parent requests a Maui child custody modification should be solid.
In general, a court will not agree to a Maui child custody modification if the reason for interrupting the child’s schedule is superficial. But sometimes, altering a child custody agreement is a must.
When can you ask for a Maui child custody modification?
Agreeing on a fair visitation schedule can often cause problems. When parents cannot see eye-to-eye, working on a mutually acceptable agreement may seem like an impossible task.
Arbitration and mediation are recommended in order to avoid taking the child’s custody case to court. But if initiating a custody proceeding or modification is the only solution that works, here’s when a Maui child custody modification request is considered reasonable.
Parents can request a Maui child custody modification when the child might be in danger
One of the main reasons why a court will consider modifying a child custody agreement is if one of the parents believes the child is no longer safe in the current household.
Domestic violence or the unwillingness to remain in the home, expressed by the child, are definitely reasons for concern.
In this case, a judge will consider the testimony of the child and expert witnesses and determine whether or not a Maui child custody modification should be granted.
The relocation of one parent could be a good enough reason to request a change
Moving to a different city or state could lead to the impossibility to respect a visitation schedule. Often times though, parents need to relocate for a variety of reasons and asking for a Maui child custody modification is not uncommon.
After careful considering the reasons why one parent is relocating, a court will determine whether or not to proceed with the request. Keep in mind though, the best interest of the child is at stake. If the child’s upbringing will be altered by the move, a judge might grant custody to the parent who stays.
Death of the custodial parent could determine a change in the custody agreement
If the custodial parent dies, sole custody is not automatically granted to the living parent. First, a judge must assess whether or not the living parent is a suitable custodian for a minor.
Contrary to what many believe, often times it’s a third-party that will assume full custody of a child. Whether it’s a grandparent or another relative, the court will grant custody to whoever is better suited to take care of a minor.
If a parent violates the visitation schedule, a Maui child custody modification may be requested
When a parent continuously violates the visitation schedule, you can legally request a change.
Children should rely on a stable and predictable schedule. If one parent continue to violate the terms of the custody agreement, the court will look for a better solution where the child’s best interests will be put first.