Modification of Child Custody Judgments The Marks Law Firm
Sometimes after a divorce is final and the Parenting Plan has been decided, circumstances change causing one of the parents to seek a change to the agreements. You or your former spouse can return to court and file a Motion to Modify when such changes occur. In order to seek a modification in a custody order or Parenting Plan, a party must set out sufficient facts that show a change in circumstances from the time of the Judgment and that one or more provisions of the Judgment are no longer in the best interests of the child. If the standard seems somewhat lacking in specificity, it is somewhat by design â€“ ultimately, the court must do what is 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 Parenting Plan, or sometimes all three. A change in legal or physical custody requires a higher showing 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 the current circumstances to reach a conclusion. Modifications are very complicated and often complex 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 to consult with a skilled and experienced attorney.
Modification of Visitation Feinberg Waller
A lot of people who get a divorce believe once the custody orders are in place, no matter how young the child, that’s what it has to be for the rest of their minority, until they turn 18, but that’s not the case. Child custody, timeshare, access, visitation, those are concepts that are subject to modification as circumstances develop and as circumstances require. If you get a divorce when your child is an infant, the timeshare plan for an infant is completely different than the timeshare plan for a kid who is ten or twelve years old. And a child who is ten or twelve years old may be appropriate to have one kind of visitation plan that is completely inappropriate for a child who is sixteen years old. So the way you change it.
Is you ask the other parent, Will you work with me so that we can come up with a more workable plan for our kids so that I can see them a lot, you can see them a lot, and their best interests are protected? If they say no, you can hire a family law attorney or, if you can’t afford an attorney, you can go to the selfhelp center at the court and prepare the paperwork so that you can get in front of a judge, explain the situation to the judge, and ask for a change in the time schedule.