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If the law guardian (child's lawyer) is in your favor, then should go smoothly. If there is no custody order in place, you can take the child. If the custody agreement was not legally modified by the judge, then they are not enforceable. The most basic part of the "best interests" standard is that custody decisions should serve the children's health, safety, and welfare. Can a Parent Take a Child Out of State With Joint Custody, If There Is No Custody Order In Place Can I Take My Child, Moving Out of State With Child No Custody Agreement, How Far Can a Parent Move With Joint Custody, Uniform Child Custody Jurisdiction and Enforcement Act, What Are The Chances Of A Father Getting Full Custody, if there is no custody order in place can I take my child, How to Get Custody of a Child From an Unfit Mother. So, they will make sure that the parent does not have major instabilities. Here are the main reasons to lose custody of a child. 5 Reasons a Judge Will Change a Child Custody Order 1. The child custody agreement is not enforceable. You have to fill out at least 2 forms, maybe more, to file your motion. Someone has filed a case for custody or visitation against me. When Can Child Custody be Modified? - Rosen After you have compiled the evidence to prove an unfit parent, file the paperwork. What exactly is an unfit parent in the eyes of the law? For example, if a custodial parent repeatedly refuses to deliver the child to the non-custodial parent for visitation, the court may order compliance with the custody agreement or even give the non-custodial parent custody and the other parent limited visitation rights. An emergency custody order, sometimes referred to as an ex parte order, is an immediate, short-term custody order that a judge can grant under limited emergency circumstances, without hearing from the other party. If one parent moves more than 50 miles away, they must come to an agreement with the other parent. For example, if the new location is a certain distance away (for example, over 100 miles), the court may deny relocation even if within the same state.