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A substantial change in circumstance usually means a substantial and permanent change It cannot be temporary or be caused by something the parent voluntarily did Some of the factors the court may consider in modifying a custody agreement include Any difficulties in carrying out the current custody or parenting plan.
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The important fact to remember is that, in the majority of cases, the father will not be granted custody of the child by the courts.
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While the parties each made contrasting contentions concerning how the other party treated the son, there was no dispute that the son had voluntarily decided to live with his father.
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In bringing such a modification action there are four things that should be proven to succeed 1 the parent seeking modification is fit 2 the parent seeking modification has had physical placement of the child for a substantial time 6 months or more 3 that the child is happy there and 4 that the child is doing.
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While alimony and child support orders can be modified, you must be able to provide a reason the court deems essential to make the change.
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The law itself does not include any legal bias toward the mother over the father By law custody decisions are made purely based on what is best for the child But any legal process is conducted by people and people are biased even sometimes those who professionally obliged not to be so.
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