It is never easy to go through a divorce, especially when there are children involved. Couples are required to try to resolve their differences and agree to a divorce settlement that works for both parents and children. A parenting plan is utilized to assist by providing guidelines for custody and visitation arrangements that are agreeable to everyone. While every effort is made to ensure that the requests are in the best interest of the children, needs may change over time. After the divorce is finalized it may be necessary to make changes to the agreement. This must be done through the courts and it is advisable to seek guidance from a reputable family law attorney.
Modifications may be necessary for a variety of reasons. As children become older they have new and evolving needs. If the children have new and different school and activity schedules it may require a change to the agreement. As the kids get older they may prefer spending more time with one parent. It is important to note that changes must be made only if they are in the best interest of the child. The courts will not approve changes that could be harmful to the children or disrupt their routines. It is essential to provide stability in the daily lives of the child.
A modification of the divorce agreement requires a court hearing. At the hearing, both parties will be present and are able to present their side. Whether you are requesting a major change, such as moving out of town, or want to fight against making a requested modification, the process is much better completed with help from your attorney. You and your attorney will review the modification request and prepare your statement, which will be made to the judge.
Proper preparation is needed prior to the modification hearing. Even if you agree with the request, there may be some issues that need to be ironed out. For example, if the child will now be spending more time with one parent, there will be an inequity in child support. This should be visited and brought up during the modification hearing. If you have a strong belief that the modification should not take place, you must present evidence showing why this is the case. Your attorney will assist you in gathering the necessary evidence.
Making changes to your divorce agreement can be complex and tricky. It is in your best interest to properly prepare for this situation by hiring a qualified attorney. Your lawyer will answer your questions and take you through the process in the least stressful way possible. It is always important to understand the ramifications of making changes since they will have an impact on you and your family, and most importantly, on the children. If you are seeking a change to a divorce order or need to fight a modification, contact the skilled lawyers at The Bellinger Law Office for a consultation.
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