Modifications to Child Custody and Visitation Arrangements
Your child may ask to stay with you more often. Or perhaps you learn that your ex-spouse recently received a pay raise. Whatever the specific situation, if there are changes that affect your child and spousal support, custody or even visitation, you have the right to ask the court to modify any order related to these issues.
Impact of custody or support changes on your child
Your family law attorney will help with your modifications. They will review all of your legal and non-legal options. Non-legal options include co-parenting plans that both parents can mutually agree to implement. Your attorney will make sure you understand how modifications can possibly impact your child including your relationship with him. Even your financial support can be affected by legal modifications. It is important to work with your attorney so that your argument is positioned in the best light possible.
There are many reasons a court will allow modification of custody or support orders. Reasons include, but are not limited to:
- A change in child support is needed because of a major increase or decrease in the income of one or both parents.
- A change in child or spousal support is needed because of additional medical expenses, education requirements, or other required activities.
- A change in child custody or visitation is needed because the age or desire of the child indicates such change will benefit the child.
- A change in child custody or visitation is needed because the custodial parent is moving and it is in the best interest of the child to stay in place near his school and friends.
- A change in child custody or visitation is needed because the custodial parent is moving out of state and has received a move-away order to take the child with them but the non-custodial parent wants to remain in contact with the child.
- A change in child custody or visitation is needed because the child now participates in afterschool activities or sports that conflict with the time the non-custodial parent has visitation with the child.
Modifications in cases of emergency
Regardless of whether you are the custodial or non-custodial parent, if you believe your child may be in danger if he or she visits the other parent, your attorney can help with emergency modifications to child custody and visitation orders while the situation is evaluated.
Modifications to spousal support
If you provide or receive spousal support and there has been a drastic change in circumstances, you can request a modification to the support order.
Your family law attorney can help with enforcement of modification orders.