Can Courts Modify Custody Without a Request from Either Parent?
Parents and guardians who wish to change their child custody order typically must file a motion to modify. Additionally, the parent who files the motion, sometimes referred to as the moving party, must prove that there has been a substantial change in circumstances that impacts the child’s wellbeing.
Can a trial court choose to modify a custody order even when neither parent has filed a motion to modify? Not generally, but a recent Court of Appeals case highlighted a specific scenario in which this might occur. Continue reading →