As with a marriage, not all court orders will last forever. Parents with court orders as to possession, conservatorship, and support, are likely to modify these orders in the future. As children and their parents change, so the orders need to shift to meet the family’s needs. Parents often re-marry, re-locate, change jobs, or have a shift in their financial situations. Oftentimes changes are more dramatic, with a parent needing to modify the orders to protect their children from family violence, alienation, mental abuse, or a parent’s substance abuse problem. Some times a child’s own needs or wishes change and the court will need to modify the orders to reflect those. In all situations, you need counsel who will evaluate your case and your facts to ensure you and your family are protected.
Fundamentally, modifications to possession and custody require two findings: that there has been a material and substantial change in circumstances and that your requests are in the best interests of the children. With no real true definition for either of these legal requirements, your changes at obtaining or defending against a modification rests in how the facts are presented to the court and in obtaining counsel who can best highlight these things to the Court and opposing party.
While rooted solely in numbers, modifications to child support also require excellent knowledge of the law and application of the law to your case. In all instances, the family law attorneys at Hanshaw Kennedy Hafen are equipped to represent you and your family’s ever changing needs.
TALK TO OUR ATTORNEYS TODAY: Sarah M. Rose and Hannah Stroud look forward to answering your questions about modifying your child-related orders. Call 972-731-6500 to schedule a consult.