Most custody judgments have clauses prohibiting the custodial parent from removing the minor child from the state. These clauses are typically added to permit both parents to play an active role in the child’s life. However, there are a variety of circumstances where removing the child from the state would be in the child’s best interests. In these instances, the court must be petitioned and the custody agreement must be modified.
A custody agreement may also be modified when it is no longer workable or when it is no longer in the child’s best interests. Where a guardian or parent is no longer fit to care for the child or where the current parenting schedule is no longer in the best interests of the child, a court may order a change in a custody judgment.
Courts closely scrutinize the modification of any custody judgment. Accordingly, the ability to modify a custody judgment will be very fact-dependent and will vary from case to case.