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Remarriage and Changes in Custody Rights

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Remarriage and Changes in Custody Rights

When a court decides child custody, at least one of its parents is usually dissatisfied with the verdict. Regardless of whether they feel that they have received too little in the way of rights or the other side received too much, the sentence is often considered to be set in stone – or near as much as to make little difference. However, child custody rights can be subject to change by court order – and among the many variables taken into account, remarriage can play a surprisingly important role.

The Impact of a New Relationship
Of course, you should consult with a child custody attorney before presenting your case, but remarriage can be taken into a count as a positive sign of stability and an improvement in a divorcee’s life situation. Such was the case in the Sealy vs. Sealy case , where the mother’s remarriage and the assorted change in life situation, including improved living conditions, solvency, and the inferred ability to provide for the child, has led the court to decide in her favor and modify the post-divorce child custody agreement. The original custody agreement granted it to her grandmother, whereas after the re-evaluation, child custody was returned to her mother due to a substantial change in the circumstances.

The Potential for Backfiring
Of course, this doesn’t mean that every remarriage is going to be taken as a positive sign. The relationship of a divorcee’s new partner with the child is going to be examined and will have an impact on the ruling. If the court finds that the new partner’s children are unduly prioritized over the child, or worse, the new partner acts in ways considered abusive towards the child, the custody arrangement may also be modified – for the worse. All that matters to the court is the child’s best interest.

Use the Argument With Care
Before bringing the argument, a child custody attorney should be your first point of contact, to help you re-examine the case and estimate whether it’s worth bringing up the case before the court. Proper representation also ensures that you are properly prepared and can provide ample proof that the circumstances that determined the original custody ruling have indeed changed and there is enough basis to warrant a re-evaluation.

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