Modification of Court Orders

Modification of Court Orders

A Client Focused Lawyer
Who Puts Clients First

Even after a divorce is finalized, people go through changes in life and circumstances. When these changes happen, it’s not unusual for child custody, visitation or support agreements to become burdensome or outmoded. Since these arrangements are set in place by a legally binding court order, it requires a modification of the court order to change them. As an experienced family law attorney, Hollie A. Lemkin has helped many people navigate the complex process of modifying parental or support agreements.

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At the Law Offices of Hollie A. Lemkin, our top priority with every family is to put the best interest of the child first. This includes any modification to court orders regarding custody, visitation rights and mandated support. When advising you of your options and what to ask for in a modification case, we will always base our recommendations on what will ensure the child is protected, safe and provided for. Call our offices today for an appointment to discuss your options.

Modification of Court Orders

Reasons to Seek a Modification

Parents may need to modify their terms of child custody, visitation or child support for a wide range of reasons, ranging from simple life changes to an ongoing issue with an ex-spouse. Some common examples:

  • A parent gets a job promotion that relocates them out of state (a “move-away”), making mandated bi-weekly visits impossible.
  • The costs involved with rearing the child have increased and the current level of child support is insufficient.
  • One or both parents find their current half-week joint custody arrangements untenable, and they need to change the schedule.
  • A parent significantly violates the terms of the current agreement (e.g., picking up the child when it isn’t their turn, failing to communicate whereabouts).
  • One parent has reason to believe the other parent may be creating an unsafe home environment for the child.
  • The child experiences a change in developmental needs or shows signs of stress from the current arrangement.

Modification of Court Orders

Process for Modifying Court Orders

If both parents have a semblance of agreement that their existing parenting agreement needs to change, California allows them to create their new plan mutually and submit it to the courts for approval. Often a mediator can assist with ironing out these details. If you feel the change is necessary and your ex does not, you will need to request a court hearing to modify the existing court orders, and you will need to show sufficient reason why the changes are needed.

Putting the Needs of Children First

In many divorces, domestic violence, custody or other family disputes, the children often are an afterthought, and theybecome unfortunate victims in the process. For that reason, our law firm makes it a priority in every case to look at the best interests of the children first—to make sure they are protected and provided for, and to minimize their trauma as much as we can.

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