Divorced or separating parents of minor children have many issues to address. In addition to dividing their property, they also need to split their parental rights and responsibilities. Parents may reach an agreement with one another regarding parenting time and the division of their legal authority.
They can even reach an amicable arrangement regarding financial support for their children. Other times, they may litigate in family court. They provide information about the parent circumstances and the children so that the judge hearing the case can properly allocate parental rights and responsibilities.
Couples navigating high-asset divorces may have unusually complex situations due to their high standard of living and demanding careers. If they eventually determine that their custody or support arrangements are no longer appropriate, they may want to adjust the court orders related to their parenting matters. When can parents seek custody or support modifications?
After reaching an agreement
The simplest way to modify a custody order is to reach an agreement through mutual consent. If parents agree on how they should adjust their time-sharing or child support order, they can submit paperwork to the courts cooperatively. Uncontested modifications are typically straightforward, although parents must be studious about ensuring that the language in their modification paperwork is appropriate and accurate.
After a significant change in circumstances
The courts can modify either custody arrangements or child support even when parents disagree on the need to make a modification or the best way to modify the current order. In a contested modification scenario, either parent can petition the courts asking to update child support or the time-sharing arrangements for the family.
In such cases, the petitioning parent generally needs to show that there has been a significant change in circumstances. Remarriage, new employment arrangements or a change in health could all be a reasonable justification for a modification.
In such cases, the judge looks at the situation carefully to determine if the modification is necessary and if the proposed changes are in the best interest of the children. If they decide that the modification is appropriate and necessary, then they can alter the terms of the existing order to reflect the current family circumstances.
Having legal guidance when negotiating terms for a post-decree modification or petitioning the courts for a contested modification is of the utmost importance. Parents need support with paperwork and with evaluating their situations to approach consequential matters in a way that increases their chances of success, and that’s okay.