Child Custody and Support Newsletters

Rights of Grandparents to Visitation

Many states offer an avenue for grandparents to seek visitation with their grandchildren. While most states permit a grandparent to petition for rights of visitation, some impose restrictions as to the circumstances under which the court will consider the petition.

Modification of Custody based on Parental Unfitness

If subsequent to the time a court awarded joint or sole legal custody to a parent, the parent becomes unfit to have custody of the child, a court will not hesitate to modify custody.

Retroactive Child Support Awards

In most states, initial child support awards may be made retroactive to the date of filing and modifications may be retroaction to the date a modification is requested. In some states, retroactivity is mandatory, and in others, it is discretionary.

Termination of Visitation Rights

Only in very rare situations will a court terminate a parent's rights of visitation. The standard used by courts in reaching the decision to terminate visitation is whether visitation would endanger the child. In most cases, the decision is in the discretion of the court.

Change of Circumstances in Child Custody

Before a court will consider a motion to change custody of a child, the person seeking the change is required to allege and prove a change in circumstances affecting the child and that the change is necessary or that the benefits of changing custody would outweigh the disruptive effect of uprooting the child.