The parent who has the right to designate the primary residence of the children, the visitation, and the other various parental rights may be changed if there is significant change in the circumstances of either of the parents or the child(ren). However, the decision of whether or not to make any changes to the order is up to the court.
Significant changes in circumstances can include but are certainly not limited to, a parent engaging in bad or illegal behavior such as using drugs or committing crimes, becoming less attentive to the child in some documentable manner, becoming oppositional or the parents are unable to reach decisions, changes in the distance between the parties, and remarriages or changes in the children’s living circumstances.
Modification of Child Support
A child support obligor, the parent who pays child support, can seek to reduce child support payments if he or she loses their job or is forced to take pay cut. Alternatively, a child support obligee, the parent who receives child support, can seek to increase child support payments if the obligor (payor)’s income increases.
Other Types of Modifications
There are other provisions in an order that can be modified. If you have questions regarding whether or not a provision in a prior order can be modified contact the Stanley Law Office today. For example, if a prior court order ordered that one spouse make some type of payment to the other (as some form of spousal maintenance) that can sometimes be reduced, depending on the order, if a party's circumstances have changed.
Attorneys analyze each situation while considering all the various factors, which is a reason to contact an experienced family law attorney to discuss your case.