As with a marriage, not all court orders will last forever. If you are a parent with court orders to possession, conservatorship, and support, you are likely to modify these orders in the future. As your children and your parental situation changes, so do the orders need to shift to meet your 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 need to modify the orders to protect their children from family violence, alienation, mental abuse, or a parent’s substance abuse problem. Sometimes 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.