How can I change my custody order?
You can file a motion asking the judge to change (modify) your custody order.1 To get the judge to agree to change a final custody order, you need to show that:
- there has been a change in circumstances since your order was given;
- the change in circumstances is “substantial and continuing”; and
- changing the custody order in the way you want would be in the child’s best interests.2
1 16 V.I.C. § 110
2 Rogers v. Rogers, No. 153-77, 1977 WL 425576 (Terr. V.I. Sept. 21, 1977)
If I move to a new state, can I transfer my child custody case there?
After a final custody order is issued, there may come a time when you and your children move to a different state. For information about how to request to transfer the custody case to a new state, please go to the Transferring a custody case to a different state section in our general Custody page. However, it’s important to keep in mind that you may likely first need to get permission from the court or from the other parent to move your children out of state. Please talk to a lawyer to make sure your plans to move don’t violate your custody order or your state’s parental kidnapping laws.