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Custody Modification Hawaii

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Child Custody Modification When There is a Material Change of Circumstances

child custody modification when there isa material change of circumstances custody battles make for great fodderfor TV and movies but the reality typically involvessignificantly less drama a court signs off on a custody plan thatis created for the kids and both parents share the child orchildren accordingly if someone wants to make a significantchange to a custody agreement as in change primary custody from oneparent to the other things can get a little trickier there areessentially two options

the first option is for the parentseeking the change to get the other parent to agree to the change this might be unlikely but if theparents do manage to come to a consensus on the change the court is generally going tosign off on it without any issue as long as itappears to be in the best interest of the children the second option requires the parentseeking the change in custody without the others approval

to petition the court to make thealteration a custody agreement isn’t just going to change on a whimand some courts require a waiting period following the originalcustody agreement during which no changes can be made unless the parentseeking a change can show some time of imminent dangeror harm to the child this waiting period can be as long astwo years outside of the waiting period the parent seeking a change will firsthave to prove that something called a material change incircumstances has occurred

a material change in circumstances is avery significant change like one parent losing the ability tocare for a child moving away or developing a substance abuse problemif the parent requesting the change is able to show that somethingsignificant and important changed the court will next considerwhether the change is in the best interest of the childrenif it is the requested change will be granted.

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