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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-30-2007, 12:59 AM
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Default material change of circumstance

Are the following considered material change of circumstance with regard to custody?

1.) Changing childs home from one location to another but still within the city?

2.) Remarriage of either parent?

Thanks
Mominont
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Old 10-30-2007, 01:30 AM
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mominont,

as you mentioned:

Quote:
Are the following considered material change of circumstance with regard to custody?

1.) Changing childs home from one location to another but still within the city?

2.) Remarriage of either parent?

The move alone may not construe to be a material change. However, if the child were to change schools, friendships etc this may construe to be a material change. One has to look at the whole picture. If the move is a result of a marriage, this in itself suggests that it is permanent and could benefit the child.

One way to get around the material change is to limit any change to the child's access to their other parent. ie: keep the same regime and participate in the extra access travel.

If the matter is contested, the heavy onus is on the party wishing to vary to first demonstrate the material change before the court would hear the variance.


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