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WhoCanISue.comFamily Child Custody Modification

Child Custody Modification Attorney


If you are in a situation where you need to modify custody rights as a parent, contact a local child custody modification attorney to file a claim. You can be the main custodian in the suit or the minority parent. Either way, it is recommended you contact a family law attorney.

Child custody and visitation orders generally are modifiable; whenever, the court finds a modification is necessary for the child's best interests. The court should always rule with what is best for the child.

One example, in a way child custody might be modified, is through death of a custodial or full-time parent. If the full-time parent dies, the surviving parent immediately becomes entitled to sole custody, unless it is proved by clear and convincing evidence that such custody would not be in the child's best interests and would be detrimental to the child.

Other examples of circumstances where child custody can be modified by an attorney are:
  •  The original plan was for a 2 year old and now the child is 12 years old
  •  One parent is moving so the existing visitation schedule is impossible for the other parent
  •  An act of domestic violence by the custodial parent or others related to custodial parent
  •  The custodial parent went to jail
If you fit into any of these circumstances, it is recommended you contact a child custody modification attorney or family law attorney to file suit.

Who Can Sue

If you have a situation where you can show how the other parent, main custodian or minority parent, has endangered the life and well being of your child, you can contact a child custody modification attorney or family lawyer to file a lawsuit for modification.
  • Some situations where a parent can sue for a child custody modification are when:
  • The main custodian has lost their job and the child is at risk
  • The main custodian has abused the child
  • The main custodian’s new spouse has abused the child
  • One of the parents has a health crisis
  • The child was young when the original final verdict was set and now the child has changed their mind on who they want to live with
  • A parent is not supplying the child with necessities, including food, shelter and other items
Usually, in custody modifications cases, courts are required to ascertain the child's best interest and if this has changed since the last final verdict, you should contact a child custody modification attorney.

A party seeking to modify a "permanent" custody order through an can do so only upon a showing of a significant change of circumstances so affecting the child that modification is essential to the child's welfare.

Absent such a showing, any modification would be an abuse of discretion as denying the child the benefits of a stable home environment and thus would not be in his or her best interest.

The "changed circumstances" rule furthers the court’s paramount goal of preserving the need for stability in custody arrangements, unless some significant change in circumstances indicates a different arrangement would be in the child's best interest.

Your attorney will be able to break down the “changed circumstances” rule for you as a parent and if you qualify.

Because of the child's predominant need for stability, the burden of persuasion is on the moving party and the party’s family lawyer to show how circumstances have changed and why the custody modification would be in the child's best interests.

With this burden, it is recommended to contact a family attorney or child custody modification attorney to iron out the details and come up with a stable plan.

The burden is two-fold in modification proceedings: The party and family lawyer seeking to change an existing custody order assumes both the burden of:
  • Persuading the court that a new custody arrangement is in the child's best interests
  • Putting forth sufficient evidence of a substantial change in circumstances warranting a modification
As with an initial custody determination, the court is required to "consider" and give "due weight" to the preferences of a child of "sufficient age and capacity to form an intelligent preference as to custody.

So, another reason to obtain a child custody modification attorney, would be if an older child has told you they would rather live with you.

Potential Recovery

What can be modified by a child custody modification attorney:
  •  Property and debt division from a divorce or dissolution
  •  Spousal support
  •  Child custody and support from the former spouse
A child custody modification attorney can also stop the former spouse from modifying or decreasing child support for your child or children.

 In the case of Chopoorian v. Chopoorian, the parties were divorced in 2005 and the husband operated a successful advertising business, which provided him with $900,000 in 2003. The divorce agreement required the husband to pay $187,500 per year in permanent alimony and $50,000 per year in child support.

In the verdict, the former husband’s salary had to decrease by $400,000 to lower child support. In late 2006, the wife filed an enforcement motion because the husband stopped making payments.

The husband filed for a suspension and claimed negative income.

The judge suspended the husband's payment obligations for six months and temporarily reduced his alimony obligation by fifty percent for six months. He filed YET another motion to lower payments and was denied.

The decision by the court is one that will be used in future child custody modification cases.

The court determined that he was notably missing proof in support of his motion as in any certified statement from an accountant concerning the finances of his business. He had no documents to prove he was losing money.

The bottom line to those that are self-employed, if your income is down, you will need to open your books and records and get an accountant to certify your losses. The wife’s child custody modification lawyer kept the court from cutting payments again.
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