BLOG #14 Modifications: easier said than done. By Angela Oaks

by News Editor
in Blog
on 22 June 2016
Hits: 5609

User Rating: 5 / 5

Star activeStar activeStar activeStar activeStar active
 

DSC 7753 203 width

Clients often come to me seeking to modify their current possession and access orders - I warn them it's not as easy as it sounds.

First, in order to get back into court, you must plead that there has been a material and substantial change if circumstances for the child or one of the parents. 

Second, you must convince the Court that there has been a material and substantial change of circumstances. 

If you try to modify your order within one year of the entry date, you must plead that the present circumstances of the child would significantly impair the child’s physical health or emotional development.

Because of this higher standard to even enter a courtroom, and the degree of difficulty involved, modifications are often more expensive than original suit; I warn clients to expect the modification to cost at least twice as much as the initial action. 

Bottom line:  use care when reaching agreement in your initial orders – changing them later is easier said than done.

713 227-1717

Leave your comments

Post comment as a guest

0
terms and conditions.

Comments