If the original divorce Judgment is not formally modified by the Court, custody remains as it was originally set out. What this means is that the parent who has custody in the original Judgment can demand the return of the child or children at anytime. For that reason, informal arrangements are not advisable. Unfortunately, divorced parents do not regularly agree to a change of custody. That parent must be able to prove two things in Court.
Cases involving custody modification are highly dependant on the facts of the individual case.
An individual seeking such a custody modification must be prepared to provide his or her attorney with specific facts and details of the changes which have occurred since the original divorce Judgment. It is always better for the individual seeking a custody modification to have a well thought out written list of details before speaking with an attorney. Having such a list will aid the attorney tremendously in determining the merits of the individual case, as well as the likelihood of success. Again it must be stressed that custody modification is a very technical and precise area of the law. An individual considering such a modification should seek out the advice of a competent domestic practitioner for sound advise concerning the situation at hand.