Any time an individual is dealing with family law and court orders in light of rulings, there may be a desire to pursue modification. It is important to understand the various types of modification for different types of orders in order to know your options from a legal perspective.
In cases of child support, modification functions in a particular way. An obligor or an obligee may apply to the court for modification of their child support. One is eligible to apply if a period of 3 years have passed since the last order, or in some situations if there is a substantial change in circumstances. Our team can counsel you concerning the benefit of pursuing this type of modification.
In cases of parental rights and responsibilities, also known as custody and visitation, either parent or guardian may petition the court for modification. A court may consider modification under special circumstances, such as if a parent with residential responsibility is interfering against the other parent.
Our Manchester divorce lawyers can easily spot these characteristics and can help in your attempt to get a modification.
An additional type of modification a court may consider is if a child's present environment is detrimental to their physical, mental, or emotional health. Evidence must be provided demonstrating this is taking place. The court recognizes that a modification far outweighs the harm in the changing environment. It in circumstances, parties may find that a shared schedule no longer is viable and either party may petition.
The court can change the order in the allocation of responsibilities based upon finding a change would be in the best interest of the minor. The parties may also agree to a modification. It is also possible that a minor of sufficient maturity to give their sound judgment may communicate to the court, and the court can rule in favor of the child's residential preference. In this situation, the court will determine whether any improper influences may affect the minor's preference.
The legal team at Sekella Law, PLLC has served New Hampshire area for years, and has helped many clients in pursuing modification. Contact our team today for preliminary case review.
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