questions & answers

Question: my husband has a 7 year old daughter from a previous relationship we moved here from hawaii to be closer to her. in dec. 2012 she came to live with us, now in 3/2013 her mom wants her back when the school year is over. does my husband have any rights. he loves his daughter and wants her to live with us. his daughter like living with us too what can we do? were do we start? does he have a right to keep her? or does he have to just give her up again? my husband is heart broken Her mom doesnt have a stable job or home. when we got her they were living in a domestic violence shelter WHAT TO DO??

Answer: Either parent may request in writing that the court modify a custody order. To change an existing order it must be shown that the best interests of the child are served. The request is filed with the Clerk of the Superior Court and a fee for filing is charged; however, there are limitations on requesting a modification. For example, a request may not be filed for one year from the date of the earlier order, unless there are special circumstances seriously endangering the child's physical, mental, emotional or moral health. If a form of joint custody has been ordered, a modification may be requested at any time if there is evidence that domestic violence, spousal abuse or child abuse has occurred since the date the last order was granted. In a joint custody situation, a parent must wait six months before seeking a modification if the reason for the request is that one parent has failed to obey the court's custody order.