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Who can file a request to modify an order regarding children? Generally, any person who is affected by the court order can request a modification. Back to the top. Which terms in an order can be modified? A court can modify provisions for custody, visitation and child support. Back to the top. Which court can modify an order regarding children? A request to modify custody, visitation or child support must be filed in the court that last entered an order regarding the children. Back to the top. For what reasons will a court modify custody of a child? The grounds for a change of custody are complex and should be discussed with an attorney. Among other things, the court may consider whether there has been a significant change in the circumstances of the parties or of the child, or whether a person with visitation has been convicted of child abuse or family violence. Back to the top. Do I have to wait a certain amount of time before I can file a motion to modify custody? Generally you do not have to wait a certain amount of time to file a motion to modify custody. However, if you are seeking to change custody less than one year after the original order was signed, then the court has special requirements that you must show in a sworn affidavit before the suit can go forward. In the case of an emergency, the timing of the suit is usually not an issue, but in other circumstances it might be preferable to wait at least one year before attempting to change custody. Back to the top. At what age can my child choose his own custody? A child 12 years or older may file a document with the court naming the parent with whom the child wishes to live. However, this choice is not binding, as the court must consider what is in the child's best interests. Back to the top. How can I get legal custody if my child is living with me but the other parent has court-ordered custody? If the person having custody of the child under the last court order voluntarily leaves the child in the possession of another for a period of more than 6 months, and the court finds that this arrangement is in the best interest of the child, the court may modify custody upon the filing of the proper motion with the court. Back to the top. For what reasons will a court modify the periods of possession of a child? The grounds for a change in visitation can be complex and should be discussed with an attorney. The court may consider whether there has been a significant change in circumstances of the parties or the child, whether the visitation order is unworkable or inappropriate, whether the person with custody moved out of state or moved without giving proper notice, whether a person with visitation rights repeatedly fails to exercise them or whether a person with visitation rights has a significant history of alcohol or drug abuse. Back to the top. For what reasons will a court modify child support? Child support may be increased or decreased if there has been a substantial change in circumstances of the parties or the needs of the child. Child support can also be modified if it has been at least three years since the last child support order, and the new amount calculated under the child support guidelines differs by either 20% or $100.00 from the amount of support currently ordered. Back to the top. |
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