The court can change custody if the situation of the child or the parents changes and a new order is needed for the best interests of the child. The court will only look at facts that have changed since the old order or facts that were unknown at the time of the old order. The court can only change custody when:
- Both parties agree to the change; or
- The parent with custody has let the child become integrated into (fully part of) the home of the other parent; or
- The child's present home endangers his/her physical or emotional health, or growth.
To change a custody order, the parent must bring a motion in court. The parent must have witnesses, affidavits or other documents to show one of the above reasons to change custody.
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