WHO HAS THE ESTABLISHED #CUSTODIALENVIRONMENT.


Before a #custody decision the court asks “Is there an established custodial environment?” 

Www.attorneybankert.com
Statutory standard.

There is an established custodial environment if over an appreciable period of time, the child naturally looks to the custodian in that environment.  Http://divorcelawguy.com
The court must also consider
the age of the child,
the physical environment, and
the inclination of the custodian and the child as to the permanency of the relationship.

The court makes a factual determination regarding whether there is an established custodial environment; the court is not bound by the parties’ stipulation.

Determine burden of proof.

If there is an established custodial environment, a change of custody may be made only on clear and convincing evidence that the change is in the best interests of the child.

If no established custodial environment exists, custody may be changed on showing by a preponderance of the evidence that the custodial arrangement is in the best interests of the child.

@terrybankert

No comments yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: