Carlsbad, CA Attorneys Help You Modify Court Orders
Changing child custody, visitation and support orders
Life is not static. Fortunately, court procedures afford you the opportunity to address the many changes you are likely to experience in the years after your divorce. To obtain a modified order, you must demonstrate a change in circumstances. Founded in 1993, Silverman & Silverman, Attorneys at Law guides you through the process of modifying your orders to accommodate changed circumstances.
When you can modify your child support order
A decrease in your financial resources may make it difficult to pay the amount of child support ordered in your divorce decree. Your changed circumstances may result from a lost job, a failed business, or a destroyed home due to a fire or natural disaster. Alternatively, the other parent may have won the lottery, received an inheritance or benefited from a lucrative business buyout that could help support your children's upbringing. Also, children who develop special needs or disabilities, possibly because of a serious illness or injury, may require additional support to get the treatment and care they need. Since child support may be modified at any time during a child’s minority, agreements to set bind the parents to future child support payments are invalid.
When you can modify your custody or visitation order or judgment
Before the court makes a final judgment, child custody and visitation can be modified on a showing that the change would be in a child’s best interests. After a judgment is filed, a parent must show a significant change of circumstances to modify the judgment. With the children's best interests as the primary consideration, the courts lean toward what is likely to provide stability and continuity in child custody and child visitation decisions. A move away custody issue is one of the main reasons for requesting or opposing modification. You may also ask the court to change your custody or visitation order if you have evidence that the other parent is abusing drugs or alcohol, is affected by psychological issues or is deliberately alienating you from your children.
Stipulating modification of your order
When both parents agree that a modification is appropriate, or at least that the court is likely to issue a modified order, you can stipulate to the changes to save the time, expense and stress of litigation. Our attorneys guide you through mediation to establish the terms of the new parenting plan or support payments, which we present to the judge for a modified order.
Petitioning the court for modification or opposing the change
If the other parent refuses to cooperate in a stipulated agreement or you disagree with the other parent's proposal to modify your existing order, we petition the court for a ruling on the matter. Remember, you must continue to abide by the terms of your current order until the court issues a modified order.
Consult with our attorneys about obtaining modification of your child custody, visitation or support order
If you have a change of circumstances that warrants the modification of your existing order, call Silverman & Silverman, Attorneys at Law at 760.512.3251 or 415.906.4142 or contact us online to schedule your free initial phone consultation. Sunday appointments are available.
From our law office in Carlsbad, we serve clients in Oceanside, La Jolla, Vista, Encinitas, Escondido, Rancho Santa Fe and throughout the San Diego area.