Sometimes after a divorce is final and theParenting Plan has been decided, circumstances change causing one of the parents to seeka change to the agreements. You or your former spouse can return to courtand file a Motion to Modify when such changes occur. In order to seek a modification ina custody order or Parenting Plan, a party must set out sufficient facts that show achange in circumstances from the time of the Judgment and that one or more provisions ofthe Judgment are no longer in the best interests of the child. If the standard seems somewhatlacking in specificity, it is somewhat by design â€“ ultimately, the court must do whatis best for the children.
Generally, when a party seeks a modification,it involves a change in legal custody, a change in physical custody, a change in the ParentingPlan, or sometimes all three. A change in legal or physical custody requires a highershowing of changed circumstances than is required for a change in the Parenting Plan. Essentially,the court will go through the same decisionmaking process originally used, but will use thecurrent circumstances to reach a conclusion. Modifications are very complicated and oftencomplex matters, particularly if a party seeks a change in both legal and physical custody.It begins to resemble a contested divorce, and the procedures are generally very similar.To chart the most beneficial course for your
modification proceeding, you’ll want toconsult with a skilled and experienced attorney..
How to Prepare for Divorce and Child Custody Mediation
Hi, my name is Tim Colgan. I’m a divorce andcustody mediator with Colgan and Associates. Parties that I work with inmediation often ask me how can we be prepared to begin our mediation processso that we make the most efficient use of our time. Here are a coupleof things that you can do in preparing for mediation to help you. First, begin to compile and gather as muchfinancial information as you can. You’re going to need information regardingbank statements, retirement accounts, the value of your home,the balance owed on your
mortgage, any debts that you might have, anyother assets of any value. That information is going to be very helpfuland informative to both of you as you move through the mediation processand will help the mediator understand who the two of you are and theissues that you need to address. Second, if you can, begin thinking about yourforward looking needs and interests. Mediation is a process that allowsparties to begin thinking about where they want to be a year from now,five years from now, 10 years from now. In this process, you have the abilityto examine your own goals,
needs, and interests and in doing so evaluatethose goals, needs, and interests against possible options for resolution.In doing that, it’s a very powerful process that allows you to reallymake a very tailored and long lasting resolution for yourself. Finally, determine if there are any prioritytopics that you need to deal with during the first mediation session. Mediationis a great process because it allows the parties to control anddecide what issues they need to discuss first and foremost.
For instance, do you need to address a schedulefor the upcoming school year for your kids? Do you need to addresswho’s going to pay bills once you’re no longer living in the same home?If you give some thought ahead of time to any priority topics that need tobe addressed, the mediator will be able to hone in on those issues and beable to work with you first and foremost to be able to get resolution on thoseparticular topics. If you’d like more information about mediationor if you just want to give me a call to discuss any matter related tofamily law in general, property
division, child custody, or support, pleasegive us a call at 7175025000 or check out our website at cmlaw1 ..