Litigants often return to court to modify child custody, visitation or support, and to report hidden assets from a divorce.
“In order to obtain a modification,” says Carson Steinbauer, “the petitioner must prove the circumstances of the child, a conservator, or a party affected by the order have materially and substantially changed since the prior order.”
These changes may include but are not limited to:
- New job
- Loss of a job
- An adjustment in salary
- Change in work schedule
- Child’s graduation
- Illness or disability
- Conflicts between a child and a step-parent or parent
- Substance abuse by a parent
- Special needs of the child
- Failure to comply with custody order
Even if both parties agree to modification and are already operating under their agreement, the parties should still obtain an agreed order that is approved by the court so that it is enforceable.
When problems with a parent are especially egregious, such as instances of domestic violence, physical or sexual abuse, and other problems that endanger the child, parental rights can be greatly restricted or even terminated in a modification suit.
If you need to amend your final order for possession and access and child support, contact the Carson Steinbauer Family Law to help you through the modification process.