Following and maintaining the child custody and support orders set by the court is important, but sometimes, life changes. The family court understands that these court orders won’t necessarily work for a family until their child or children no longer require support and custody agreements. However, the court also knows that excessive change is not in the child’s interests. For this reason, orders can be modified, but only for significant material changes in a family’s life. Modifications are meant to balance stability for your child with the needs of your family in Baton Rouge, LA.
The Baton Rouge order modification lawyers with Magnolia Law can help you pursue a modification request with the court or object to a co-parent’s request for modification if you believe it is unnecessary or not in your child’s interests. We know that it can be stressful to deal with life changes, and we want to help ease your transition by giving you less stress. We understand how important child custody and child support orders are and how they can affect your family. Our attorneys work to provide you with effective and caring legal representation so that your children are properly cared for.
A request for modification can be filed for many civil court orders in Louisiana, including alimony, child support, and child custody. The court will determine if there has been a material change in circumstances significant enough to warrant modification. A material change in circumstance may include:
In the case of child custody and support, the court will also determine if the modification is in the child’s interests.
Child custody is the type of order for which the court prioritizes stability. It’s considered against the child’s interests to be subject to a frequently modified custody arrangement. In order for a change in circumstances to be considered material and significant, it has to impact the child and not have been a factor in the initial custody determination.
If you are the person filing for modification, you have the burden of proof to show material change. There are two types of child custody orders: one created through mediation and agreement by both parties and one ordered by a judge after hearings. The type of custody order changes the legal standard for modification and when you’re allowed to file for modification.
This is a child custody agreement that both parties agreed to through mediation and negotiation, and that was then approved and made an order by the court. In order to modify a consent judgment, you must prove that there has been a material change in circumstances since the order was created and that the proposed modification would benefit the child.
This type of child custody order is created when parties can’t agree on a child custody arrangement. The court reviews information, evidence, and testimony to determine a child custody order in the child’s interests.
Modifying a considered judgment can only be done in limited circumstances. To modify this court order, you have to prove that there has been a material change and that the current custody order is detrimental to the child, or that the benefit from modification outweighs the harm. This is a higher burden of proof to meet because the court assumes that an existing court order is stable and safe for a child unless proven otherwise. This is easier with the legal representation of a family law attorney.
Either parent can file a request for modification. A material change in circumstances may include:
If the parent who wants to relocate is the custodial parent, they will need court approval to do so if the move is greater than 75 miles from their home. The non-custodial parent can object to this relocation.
A modification of child support also requires a material change in circumstances. This may include a change in income, a change in the child’s financial needs, or a change in custody. A modification to child support can be made if the following is true:
Either parent can file a modification request. When you file a request for a support modification, you want to have important financial documents on hand to show the expenses for the child and the income of the parents.
In order to secure a modification, you must prove to the judge that the change in circumstances is significant and the change is in your child’s interests. This can be overwhelming to do on your own, especially if you don’t have much experience with family law. Working with a skilled attorney can help you determine prior to filing if your change in circumstances is significant. Your Baton Rouge order modification attorney can also advocate on your behalf and use their experience in your favor. This makes your modification request more likely to succeed.
If you need assistance navigating the order modification request system, we can help. At Magnolia Law, we provide exceptional legal care and always work to provide the ideal outcome for your family. Contact our team today.