TMK Article 183: Custody can be changed if the situation changes after the custody decision.
Reasons for Change
- Neglect of the custodial parent
- Malignant treatment of the child
- Death/illness of the custodial parent
- Request of the child (over 12 years of age, listened to)
- Custody parent's remarriage (incompatibility with the new spouse)
Process
- Case in the family court
- Child listening (if any)
- Pedagogue report
- SHM (Social Services) report
- Decision
Child's Benefit Principle
- Constitution Art.41 + TMK
- The court always considers the best interests of the child
- Financial advantage/disadvantage is secondary
Supreme Court 2. HD
2. HD accepts that a change of custody will be given "when it is certain that it is in the best interest of the child" and that temporary difficulties are not the reason for the change.
Family law lawyer is recommended.