Burden of Proof

[forthekids24]

Who has the burden of proof in a custody modification case?
The person brining the action?

Thanks

FTK

[socrateaser]

>Who has the burden of proof in a custody modification case?
>The person brining the action?

A change in custody requires clear and convincing evidence of a change in circumstancess affecting the child(ren)'s best interests. So, to get a hearing, the party requesting the change bears the burden of showing the changed circumstances.

However, courts are quickly retreating from dealing with the custody issue, and instead, are concentrating on modifying parenting plans, which requires no more than a showing that the best interests of the child(ren) will be served by the change. In these hearings the burden is not "clear and convincing," but rather only a "preponderance of the evidence" (anything more than 50% proof).

The burden of production, i.e., the person who goes first at a hearing, is always the person filing the motion to modify (or petition, if that's what is required).