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Custody and
visitation are always modifiable by the Court if there has been a
“material change in circumstances” since the last Court Order, and the
change “fundamentally affects the best interests of the child.”
The Court retains the power to modify custody and visitation Orders for
children until age 18.
When one parent relocates to another state, affecting the custody or
visitation rights of the other parent, the relocation will be considered
a per se “material change in circumstances” warranting a request for
modification of custody or visitation. Other material change in
circumstances may include a change in the child’s needs, a change in a
parent’s schedule or a change in a parent’s treatment of the child.
When the Court modifies custody, the Court may also reconsider the child
support obligation if requested by one of the parties.
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