Grounds to Modify Child Custody
Alan Pearlman recently wrote an excellent post at his blog on the concept of modifying child custody. While his article was aimed at those in Illinois, many of the concepts are applicable in other states, such as South Carolina.
Either parent may bring an action seeking to modify an existing custody arrangement. Generally, the parent seeking the change must prove that there has been a significant or substantial change in circumstances since they were last before the Court. Once that has been shown, the Court must determine what is in the best interest of the child(ren).
Significant changes in circumstances can include the following:
- Changes in the Parent's Lifestyle
A change in the parent's lifestyle changes so as to threaten or harm the child in some way can justify a change of custody. This can include things such as a parent taking a new night job that requires him/her to leave a young child at home alone or beginning to abuse alcohol or drugs.
- Destabilization of the Household
Events which disrupt the stability of the child's home can lead to modification of custody or visitation. Such events can include the arrest of the parent for a violent crime, death of the parent, abandonment of the child, or an allegation of sexual abuse by the parent.
- Geographic Moves
The relocation of a custodial parent can warrant a change of circumstances if the move is of a significant distance. The Court will generally want to protect the visitation rights of the noncustodial parent, and it may change custody or place a greater burden on the relocating parent to maintain the noncustodial parent's relationship with the child.
- Child Preference
If a child develops a strong preference to live with one parent, the Court will consider that when deciding whether to modify custody. However, the Court will also factor in the child's age and the reason for the stated preference. for instance, is the child being bribed or would the other parent be more relaxed with regard to discipline. (Please see my prior post, Child's Preference in Custody Cases, for more on this topic.)
Source: "Grounds to Modify Child Custody" by Alan Pearlman, published at the Chicago Family Law Blog.
If a parent begins to abuse alcohol or drugs, this SHOULD justify a change of custody. Now that information like this can be brought to court, perhaps a parent with custody will think twice before abusing alcohol or drugs.
I am not familiar with SC at all, but, my husband is originally from there. He is in the U.S. Army, which has him stationed in another state. We are trying to find as much information for SC Custody as possible because he is hoping to try to get some sort of visitation of his daughter. His daughter is in the custody of her mother, a few years ago, he was granted supervised visitation after a nasty battle in court that was fueled by the child's grandmother. Living 18 hours away does not allow him to take advantage of the supervised visitation that he was granted, which states that he can only visit with her every other sunday, only if he calls ahead the friday before. He has never done anything to the child or her mother to justify the need for supervision, other then he was young and single when the action was brought against him the first time. He loves and misses his daughter very much and goes home to SC to visit with her any time he has leave from the military. He is paying his monthly child support obligation. We do not have money to hire an attorney and have become deseprate. What can we do to try to get some sort of visitation with his little girl? Any help or info would be greatly appreciated! Thank you so much in advance!
My comment is for the paragraph about the geographical change of the custodial parent. I really do not think that it is right for an individual to have to accomodate or stay put for the non-custodial parent. In most cases those individuals have moved on with thier lives and have started new families. I just don't understand why custodial parents face the stresss of modifying their life to suit the non-custodial parent. It is hard enough to move on as a single parent and set out onto new people, places, and things, to be restricted by the past. I think that if a non-custodial parent really wants to be a parent then they should have to come where ever or send for their child from where ever.
I have an on-going case in s.c. right now involving custody of my 2 1/2 year old son. While I was pregnant I chose a family to care for him while I was incarcerated for 2 years. Since that time the judge awarded temp. custody to the "foster" Dad and the wife has since died! This man is no relation to me or my son but has played the role of a parent since my child's birth. I think this case is somewhat unique. My family and I are representing ourselves and we need help! Any advice?