Sometimes a significant change in circumstance occurs that warrants seeking a post-judgment modification of child support, custody, the parenting plan or any other aspect of an original order or judgment. Modifications of judgments often involve significant changes in income, relocation of a parent, neglect or abuse of a child by an unfit parent, or other circumstances.
Child Support Modification: It’s a given that, even after your divorce, things change. Your kids grow or your own circumstances can change. Tutoring for a child with reading problems, music camp for a child who shows promise…you may lose a job or get a better one. The bottom-line is that whatever the reason, you can seek a change in the amount of support that was ordered when your divorce became final. The court has the power to change support, so if you can’t work something out with your spouse, you can always go to court seeking a modification.
Our lawyers have earned the reputation for zealously advocating for their clients when it comes to modifying child support orders – either upwards or downwards. Contact us to schedule an appointment.
Custody Modification: Child custody modification actions are brought after a final order has been entered in a family law case, such as a divorce or paternity action. The action is brought in order to change the parent named as the custodial parent in a judgment for divorce or separation agreement, which parent the children will live with the majority of the time. A change in custody is a major parenting plan modification and, generally speaking, must be filed as a separate action. Child custody modifications can occur as a result of an agreement between the parents or as a result of a court's determination that a change of custody is warranted.
Sometimes parents agree that a change of child custody is in a child’s best interest. Our lawyers are highly experienced at negotiating such cases, and litigating them if necessary, and we can facilitate the necessary legal changes.
Contested child custody modification actions are among the most difficult in family law. When one parent asks a court to make a change of custody determination without the agreement of the other parent, generally speaking, there must be some problem with the parenting of the other parent. Naturally, such a process can be emotionally difficult for any family. However, there simply are times in which a change of custody is truly in the best interest of the children.
Our attorneys review each child custody modification case with our clients carefully and apprise them of the strengths and weaknesses of their case before moving forward. We explore the possibilities of an agreed resolution before advising on whether to proceed with a contested action. If a contested child custody action is necessary, we approach these cases with respect and with an awareness of the responsibility we have to seek the best interests of the children.
Parenting Plan Modification: Modifications can be made to the parenting plan after a final order has been established in a family law case One or both parties may request a modification of the final parenting plan on a variety of issues including changes to the residential schedule, decision making, holiday or special occasion schedules, transportation arrangements, or restrictions on the visitation of one of the parents. These modifications are sometimes considered minor modifications and can be affected without filing a separate action. However, some parenting plan actions are considered major modifications and a separate action must be filed.
The lawyers at The Massachusetts Family Law Group are thoroughly familiar with the law of parenting plan modification across the Commonwealth of Massachusetts and have successfully represented numerous clients in such actions. We approach all of our cases with respect, intensity and a sense of responsibility to watch out for the best interests of our clients’ children. When settlement is possible, we work with our clients and the opposing side to achieve agreement. However, our Massachusetts family law attorneys and Boston-area divorce lawyers are highly experienced, prepared and have the support services necessary to litigate contested actions when necessary.
As transportation and communication technologies play a greater role in our society, changes are inevitable in everyone’s lives.
If you have a parenting plan in place, and you are interested in modifying some portion of that order, call us with your questions at (800) 910-DIVORCE.
If you’ve been served with a parenting plan modification action by your former spouse, contact us to make an appointment with one of our family law attorneys in Norwood, Andover, Worcester, Springfield, Plymouth or on Cape Cod and explore your options.
For more specifics on modification, please visit our FAQ Section.
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