Know Your Rights Regarding The Modification Of Existing Orders
Life continues to change following divorce, for parents as well as for children. Some changes may make existing court orders unsustainable. In some situations, it is possible to modify existing orders for custody or visitation, child support or spousal support.
There are many reasons why individuals pursue modifications to existing orders, including:
- A parent wishes to relocate for a job
- The environment at one parent’s home may be physically or emotionally harmful
- A child’s extracurricular activities may include additional costs that require modifications to support
- A child’s health care needs may require additional support or modifications to a parenting plan
- Unforeseen changes in circumstances such as the loss of a job or serious health problems that prevent a parent from working
Our Lawyers Pursue And Defend Against Modifications
The experienced family law attorneys at Brudvik Law Office assist clients in West Fargo and across North Dakota and western Minnesota who wish to modify an existing order or who want to defend against the other parent’s petition to modify an order. Even when both parents agree to modify an existing order, it is important to file the proper documents with the court or the change will not be legally binding.
Relocating far enough away so that it impacts an existing parenting plan may also result in modifications to support since it affects expenses for care and travel.
If a dispute regarding a modification cannot be resolved without litigating, the court will consider whether the modification is in the child’s best interest. In North Dakota, a court order regarding a child’s primary residence cannot be modified sooner than two years following the date the order was issued unless the child’s current environment is physically or emotionally dangerous, the parent at the primary residence is denying court-ordered visitation time, or the residential responsibility for the child has changed to the other parent for more than six months.
Protect Your Interests Regarding Modifications
It is important to respond promptly, if you receive a notice of requested modification from your child’s other parent. Failure to act within the proper amount of time may prevent you from defending against the request.