How can a court modify an existing child custody order?

Prepare for the New York Family Law Bar Exam with comprehensive questions and detailed explanations. Enhance your understanding of family law concepts and test your readiness. Aim for success!

The correct choice indicates that a court can modify an existing child custody order by establishing home-state jurisdiction. In family law, particularly in the context of child custody, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) plays a crucial role in determining which state has the authority to modify custody orders.

Home-state jurisdiction refers to the state where the child has lived for at least six consecutive months immediately preceding the custody action. The importance of having the correct jurisdiction is grounded in the need to provide consistency and stability for the child, as well as to prevent forum shopping by parents who may seek more favorable custody rules in different states. Once a court in the home state has issued an initial custody order, it generally retains jurisdiction to modify that order.

Although the other options might seem relevant, they do not align with the legal framework for modifying custody orders. Unanimous consent from both parents is not a required legal standard to modify custody; rather, the best interests of the child are the primary consideration for the court. Approval from the child, while important in some cases, is not a legal prerequisite for a court to consider modifications. Finally, simply following visitation schedules does not provide a basis for modifying custody; modifications require a substantial change

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