Sometimes, after a judgment is entered, circumstances may change, and the judgment is no longer practical or in the best interest of your child. If this is the case, a motion to modify may be required. Child support and child custody may be modified so that the terms of the new judgment are in the best interest of the child. In certain cases, spousal support may also be modified.
If you feel that the terms of your divorce decree or paternity judgment need to be modified, our child custody attorneys at Siegel & Irwin, LLC can help. At our child custody law firm in Lee’s Summit, MO, our skilled and detailed lawyers can help you modify arrangements fairly and reasonably to suit your child’s best interest.
A re-arrangement of custody often results in changes to a parenting plan, and quite frequently child support as well. Only an official filing (motion to modify child custody) and judgment is legally binding in the state of Missouri. Any other arrangements will not satisfy the legal requirements for a modification. Agreed upon (known as a stipulation) changes to child custody can often be settled without a hearing, but most changes require some form of court oversight. When a modification is contested or disputed, a contested hearing is required per Missouri law. A child custody lawyer is highly suggested at this point as a court hearing will take place requiring a burden of proof from the requesting parent. In addition, a responding parent will be allowed to introduce evidence during a dispute
At Siegel & Irwin, LLC, our child custody attorneys will offer guidance through every step of the modification process. The formal steps in a modification typically include the following:
Filing of Motion
Service of Summons
Completion of Parent Education Program
Entry of Judgment
Modifications to child custody will undoubtedly happen in a child’s life as he or she grows and as parents have changes in their personal and professional lives. As with any other custody arrangement, the best interests of the child are the top priority when considering modifications to a parenting plan or custody arrangement. Generally speaking, when a plan appears to be working for all parents and children, a court will not be willing to modify. Adequate grounds for modification include the following:
In most cases, a child requesting to live with a certain parent is not an enforceable modification unless other proof is provided that indicates a change is necessary. A child custody modification attorney at Siegel & Irwin, LLC can help you understand what constitutes grounds for modification and what does not.
In Missouri, it is strongly advised to consult a child custody lawyer when considering modifying any child custody arrangement. If there are any disputes between involved parties, a skilled child custody attorney can be extremely helpful to have on your side. Below are a few reasons to contact our child custody lawyers located in Lee’s Summit, MO:
Our child custody attorneys can help you understand the process and time frame of modification hearings.
In addition, our child custody lawyers can help you understand the legal requirements of modification hearings and what evidence you will need to provide.
When modifying arrangements, our family law attorneys can assist you with the paperwork, filing, and court representation.
Our child support lawyers will provide advice based on past experience in the court systems.
If steps are not carefully followed, dates not met, or paperwork performed incorrectly, a modification can be significantly delayed or even rejected completely by the court system. To ensure you are well represented and meeting all requirements of a motion of modification in Missouri, consult with our child custody law firm.
The standard for the modification of any judgment is a substantial and continuing change in circumstances. Generally, a change in circumstances is substantial and continuing when it has a significant impact on the judgment and the change is not merely temporary. A modification of custody or parenting time may be sustained whenever it would serve the best interest of the child.
At our child custody law firm in Lee’s Summit, our child custody attorneys have decades of combined experience in modification of custody matters and have assisted many clients with custody changes throughout the Kansas City metro area. Each child custody case varies in complexity, and our child custody attorneys are equipped in handling interstate child custody changes and other complex modification situations that arise. Let our child custody lawyers at Siegel & Irwin, LLC work for you. To schedule a consultation, contact us today.
Content Reviewed by Kristin Siegel, JD | Attorney at Law
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