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How does minimal/no custody work in practice?

tantman · 2016-05-24T23:19:22+00:00

Hypothetical situation: couple divorces woman leverages her cultural perception advantage to paint the man as a "bad dad" and gets majority or full...

tantman

May 24, 2016

3 upvotes

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Post Information

Title	How does minimal/no custody work in practice?
Author	tantman
Upvotes	3
Comments	1
Date	May 24, 2016 11:19 PM UTC (10 years ago)
Subreddit	Posted in /r/askTRP
Original Link	https://old.reddit.com/r/asktrp/comments/4kwp8u/how_does_minimalno_custody_work_in_practice/
Archive Link	https://theredarchive.com/r/askTRP/how-does-minimalno-custody-work-in-practice.185518 https://theredarchive.com/post/185518

Comments

[–]jupc0 points1 point2 points 10 years ago* (0 children) | Copy Link

State laws vary, but, custody orders are modifiable. The court contains ongoing jurisdiction to modify its orders. The standard in most states is a 'change in circumstances'. Change in circumstances has a specific legal meaning, that some significant fact changed that didn't occur at the original or most recent order. Also, most states law is to encourage frequent and continuing contact with both parents, and custody orders should follow this, absent unusual facts such as criminal convictions or abuse.

If Dad wants more time, he files a motion to modify custody with the same court issuing the original order. May or may not be the same judge. He describes the order he wants, and describes the change in circumstance. Mom can respond, and court will hold a hearing on the modification, and may issue a new order.

Responsive to the motion, and depending on state, kids can make their input known to the court during the motion. In California, a child of age 14 or older has the right to express an opinion and testify about custody. Younger children may do so only at the court's discretion, and often not in open court.

Otherwise, children become adults at age 18, and can freely associate.