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Child custody

modification

Either parent may file a petition to modify a child custody order—but usually only when there is a substantial change in circumstances that affects the child (including changes in one or both of the parents’ lives) that justifies the court revisiting and possibly modifying the earlier child custody order.

The petition to modify child custody generally must be filed in the same court in which the parents’ divorce case was decided. But if the child lives in a different county or state, the courts of the county or state where the child lives may be the proper place to file a petition to modify a child custody order.

In Massachusetts, either parent has the right to file a petition to modify a child custody order if there has been a substantial change in circumstances that affects the welfare of the child. This could include significant changes in the living situation, health, or behavior of either parent or the child. The standard for modification is based on the best interests of the child. The petition to modify custody is typically filed in the same court where the original divorce or custody determination was made. However, if the child has since moved and now resides in a different county or state, the jurisdiction may shift to the courts in the child's current place of residence. Massachusetts courts will consider the petition and decide whether the presented changes warrant a modification of the existing custody arrangement.

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Child custody

modification

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Massachusetts State Code

Massachusetts State Code

Child custody

modification

Articles