In a June 19, 2012, divorce decree, the court grants Sally sole physical custody and sole legal custody of six-year-old Paul. Tom (Paul's father and Sally's ex-husband) is granted visitation rights. On July 25, 2013, Tom petitions the court for a change in custody, asking the court that he be granted sole physical and sole legal custody of Paul. He asserts that he does not believe that Sally is giving enough attention to Paul. During a visit on December 3, 2012, Paul's ear was bandaged. While riding a bike with Sally (without a helmet), Paul had fallen and badly bruised his right ear. Sally admits that she was not watching him carefully enough.

1. When will a court considers a petition to modify its own custody order?

2. What is the burden of proof to justify a modification of a custody order?

3. To justify a modification of a custody order based on changed circumstances, the problems asserted in the current custody arrangement must be?

4. Would the bruise on Paul's ear from the fall be strong enough evidence to modify the custody order?

5. Assume that the modification petition is dismissed when Tom dies before the court rules on it. Tom's father (Paul's grandfather) petitions the court for visitation rights after Sally tells him that she opposes the visits. What legal right does Paul's grandfather have within the court?

Answer rating: 100% (QA)

1 Courts Consideration of Custody Modification A court will consider a petition to modify its own cu... View the full answer