In a divorce involving children the issues of child custody, visitation and support are all important considerations that should be addressed to meet the best interests of the children. But, over time, circumstances may change. Changes in employment of one or more of the parents or substantial changes in the needs of the children that arise after a California divorce is finalized may make an original custody or support order unworkable under the new circumstances.
It is important for parents to know that a support or child custody order is not necessarily set in stone. Changes in circumstances may be reason for a parent to seek a modification of a prior support or child custody order. In some cases, the original order may not be followed properly and a parent may also ask the court for help in enforcing the prior order.
Changes in circumstances may often involve those kinds of things that create a change in lifestyle. But a recent terrifying situation involving the son of R&B artist Usher is being used to bring a prior custody and visitation order into question in an East Coast family court.
Tameka Foster and Usher Raymond have two children together. Usher was granted primary custody of the two children last year. Ms. Foster fought for custody arguing that Usher had far too many commitments in the entertainment industry to properly supervise the kids. The court apparently disagreed and gave the singer, entertainer primary custody.
However, Monday, the eldest of the two kids, a 5-year-old child, was involved in an accident in Usher’s pool. Ms. Foster claims that the current custody order is not working—she says that the children were not properly supervised and the 5-year-old was nearly drowned. He was rescued by workers and taken to an area hospital.
A hearing is scheduled for Friday on a child custody modification motion brought by Ms. Foster under Georgia law.
Child support, visitation or custody modifications in California do not require a tragic event to occur to justify a change to prior orders. For Bay area residents who are having difficulty with prior orders after a change of circumstances, the issue may involve those kinds of changes that occur as we all go through life. A Pleasanton family law attorney can assist parents with changed circumstances in seeking a post-judgment modification.
Source: CNN, “Usher’s ex-wife cites son’s pool mishap in custody bid,” Alan Duke, August 7, 2013