Unlike motions to modify alimony or child support awards, however, it is not incumbent upon the parent requesting the modification of visitation only to demonstrate a “substantial change in circumstances” which would warrant such a modification.
Rather, the standard of law on a custody modification requires that the court find only a either a “material change” of circumstances which alters the court’s finding of the best interests of the child or a finding that the custody order sought to be modified was not based upon the best interests of the child. Malave v. Ortiz, 114 Conn. App. 414, 416, 970 A.2d 743 (2009). The end result, therefore, is a quick shift back to examine the effectiveness of the previous order, together with a snapshot of the present to examine whether the “best interests” analysis, presently applied, would make other custody orders more appropriate for the child.
Modifying Visitation
Motions to modify visitation, on the other hand, require an even lighter judicial touch. In ruling on a motion to modify visitation, the court is not at all required to find as a threshold matter that a change in circumstances has occurred. Szczerkowski v. Karmelowicz, 60 Conn. App. 429, 433, 759 A.2d 1050 (2000); see also McGinty v. McGinty, 66 Conn. App. 35, 40, 783 A.2d 1170 (2001). Instead, “[i]n modifying an order concerning visitation, the trial court shall ‘be guided by the best interests of the child . . . .’ General Statutes § 46b-56 (b).” Kelly v. Kelly, 54 Conn. App. 50, 57, 732 A.2d 808 (1999).
Accordingly, no showing of a “substantial change” or “material change” in circumstances is required to change a visitation plan, if indeed it can effectively be shown that the best interests of the minor child would be served by such plan.
Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.
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