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How to Modify a Family Court Order

When it comes to family court orders, nothing is ever set in stone, though a modification will require effort and some valid reasons before a court decides to grant such a request. That said, life is not static and there are many reasons why a parent would want to have a family court order modified. If the other parent is in agreement with the request, this will be easier to achieve, but if you and your ex are not on the same page, you will have to file a court action, asking a judge to change the order.

Generally, in most states, including New Hampshire, courts prefer to keep the living arrangements of a child stable and, as such, the laws are written to make it difficult for a parent to change residential responsibility. These obstacles are set up to protect the best interests of a child and to provide a sense of security and predictability.

Before you decide to file a Petition for Modification, make sure you fully understand the requirements of the law. Unless you are able to meet them, a judge will not likely grant modification. Having an attorney who is experienced in handling such matters will help increase your chances of success.

Below are some of the ways in which a parent can obtain a modification of a family court order:

  • Both parties agree to a modification. In such cases, a court will likely approve this request.
  • If the court finds that one of the parents is frequently and unnecessarily interfering with the residential responsibilities of the other, the court might order a change in parental rights and responsibilities to protect the best interests of the child.
  • If there is clear and convincing evidence that the child's present environment is detrimental to his or her physical, mental, or emotional well-being, and that the advantages of a modification would outweigh any harm done by a change in environment, then the court will likely modify the court order.
  • If the court finds that there is clear and convincing evidence that the minor child is sufficiently mature enough to make a sound judgment, the court might give a substantial amount of weight to the minor's preference regarding where he or she wants to live.
  • If the allocation of parenting time was based on the travel time between the parents' residences at the time of the order and they are now living closer to one another, this might be a reason to modify the order to better address the best interests of the child.

Before you file a petition to modify your family court order, consider the possible implications of it and the effect it could have on your co-parenting relationship and the relationship you have with your child. If possible, it is always best to try to reach an agreement with the other parent and avoid having to go through filing a court case.

Modifying Family Court Orders in Manchester

If you are interested in modifying your family court order, the legal team at Sekella Law, PLLC, has served the New Hampshire area for years, assisting many clients in pursuing a modification. With a skilled and experienced family law attorney on your side, you can have a better chance at securing the results you desire. Reach out to our law firm today.

For personalized attention, call us at (603) 686-7229 to schedule your initial case review.

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