How Do I Modify My Child Custody Order?

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My divorce was filed in Hawaii and I now live in Kentucky. I was wondering if it’s possible to get modification done concerning visitation. My ex-husband is in the Army and is now stationed in Italy. He has also remarried. He wants to see my daughter this summer, but I am afraid for her to fly overseas with all the problems going on in Europe and the Middle East. Plus, if something were to happen, I cannot afford to fly to Italy to get her. She is 7-years-old and also has Asperger’s syndrome and he hasn’t been around her enough to know what to do when she needs help. I don’t know if I have a case or not.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Since your divorce was filed in California, you would have to see if you can transfer jurisdiction to Hawaii. There are several factors a court considers when deciding to modify a child custody agreement. The fact that your daughter is ill may have a role in modifying the current custody and visitation order, but may not be sufficient grounds. Additionally, your concerns regarding her safety flying to Italy may also not warrant sufficient grounds to have the order modified. You should contact a local attorney for legal advice on how to proceed.



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Author: House Attorney