Definition of a Motion to Modify Child Custody
By definition, a motion to modify is a request to the court to change an existing court order because of a substantial change in circumstances to either you or the other parent.
A motion to modify seems simple enough but in fact, it is not and that is where a family attorney specializing in custody modifiication can expand on the definition and discuss a plan for your case.
Who files for a Motion to Modify Though a Child Custody Modification Attorney
The parent filing a motion to modify in a
child custody modification case can either be the main custodian or the minority parent.
There are several reasons that an attorney can discover to file a motion to modify that constitutes a substantial change in circumstances.
Some include:
- A change in income for either party that would change the child support order by 15 percent or more, up or down.
- A change in a parent's schedule or where a parent lives, which requires a change in the visitation. This can include the main parent moving away, which would cause the minority to not be able to see the child.
- A change in the ability of one parent to be fully involved in the life of the child, requiring a change in the child's home or the division of rights.
- A change in a party's financial situation that might call for a change in child support.
If you want to file a motion to modify, it is vital to have legal representation from a family lawyer or child custody modification attorney to ensure that you receive the best circumstances for you and your child.
Motion to Modify Facts and Tips
You are unlikely to get a change in the new judgment unless it relates to spousal support, child support, or other child-related issues that are “substantial.” Some substantial circumstances that a child custody attorney can find include:
- One of the more likely cases where a motion to modify is passed is if the main custodian abuses the child.
- Another common case of custody changes is if the main custodian losses their job or part of their salary.
Once an earlier order becomes final, most other parts of that order cannot be changed, so contact a child custody modification attorney to find out what can be done.
Your disagreement with the court's earlier order is not grounds to file a Motion to Modify and if three years have passed since your most recent child support order, then you may file a motion, asking for a change in child support, without having to prove "substantial changes in circumstances."
These are all aspects that a knowledgeable child custody modification attorney will know and go over with you.
Process and Costs of Motion to Modify
Getting the forms packet for a Motion To Modify from the court clerk is the first step. Read the instruction page carefully and go over those instructions with your child custody modification attorney.
Review your original judgment with your child custody modification attorney and any earlier orders changing the judgment. When you fill out the motion form, you will need to explain which court order and which parts of those orders you want changed.
- The motion will cost you $20 for the service and $60 for filing.
- There is no filing fee for a Motion to Modify child support only.
If you have a low income and can't pay these fees, ask the clerk for an Application to Proceed Without Payment of Fees and Indigency Affidavit.
Your
family attorney will fill you in on the details and the next steps after filing a
Motion to Modify.