The wishes of the child's de facto custodian.If there is a "de facto custodian," the court shall consider: This person is called a "de facto custodian". Evidence that the child has been cared for by someone other than a parent for at least six months to a year, depending on the child's age.Evidence of a pattern of domestic or family violence by either parent.The mental and physical health of all individuals involved.The child's adjustment to the child's home, school, and community.The interaction and interrelationship of the child with the child's parents, siblings and other people who affect the child's best interests.The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age.The wishes of the child's parent or parents.You will need to prove that it is in the best interests of the child to change custody AND that there has been a substantial change in one or more of these factors: However, it is difficult to get a court to change custody, because courts don't like to move children around a lot.
The court can change custody even if both parents don't agree. However, you should still have the court approve your agreement and change the court's order to make your custody a legal arrangement. If you and your ex-wife agree on changing custody, you can generally get custody modified without a court hearing. You could end up with the children living with you, and still have to pay child support, if the original court order had you paying child support.
If you don't, then the original court orders will still be in effect. Generally, you should go through the court to change custody. What should I do if I want to get custody of my child from the other parent? What are some examples of situations where a court might change custody? I want to modify custody to get custody of my child, but my ex-husband does not agree. Do I have to go to court to change custody? My ex-wife has custody of our children, and I want custody. The court can change a custody order if it is in the best interests of the child, and if there has been a substantial change in one of the factors courts think about when making custody decisions.
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