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When it comes to life-changing decisions such as a divorce, custody of your children, or financial decisions such as child support or spousal maintenance, Jeddeloh & Snyder PA is the divorce attorney you can trust. Whether the outcome affects your children, your home, or your financial security, our divorce attorneys are committed to you and ensuring that your interests are protected.
Motion to Modify Custody
A motion to modify custody is the legal term to attempt to have a custody agreement modified Some of the most common reasons for a motion include issues with the current situation, relocation of a parent, changes in workplace or work schedule, the family situation has changed, or the child has different needs because of their age increase. To help strengthen a motion, keep important documents to provide to the court.
The least challenging way to modify a child custody agreement is to work with the other parent. If both parents agree on the changes, then the new plan is brought to court. Plans that are agreed upon by both parents are usually accepted by the court. If plans cannot be agreed upon, a family counselor or custody mediator can be used to modify plans with both parents. Having a third party can help the process run smoother if effective communication or compromise isn’t working with the parents on their own.
In the case that only one parent wants to add, remove, or modify the current custody arrangement the court must get involved. The parent that wants to implement a change must file a motion to modify custody. Then both parents will attend a custody hearing and present each case to the judge. The judge will then decide whether to accept or decline the modification or change.
Motion to Modify Parenting Time
Parenting time may need to be modified because of a child’s age change, or if the parent’s current situation changes. The most important factor that will sway the court’s opinion is what is in the best interest of the child. More factors under the Minnesota Court of Law can be found here.
There are a couple of steps involved in modifying parenting time. Consulting with an attorney is the first step to take in order to understand your current situation better. The next step is filling out the required paperwork and sending in the parenting time motion. After the motion had been filed the court will schedule a hearing for both parents to attend and express their cases. Finally, the court will make a decision based on what they believe is best for the child involved.
Motion to Move out of State
The court must be notified when a parent in a child custody agreement decides to move. Before moving the parent must go over their documentation, consider Minnesota child custody laws, and finally be prepared for a full custody evaluation. For a better understanding of moving to another state with a minor child read this article.
The first step is important because there may already be guidelines for relocation. There is a better chance to have your request approved if all of the past court rulings are followed. For example, if the court ruling states there must be a 2-month notice before planning the move. The next step is to do research on the relocation laws specific to your state. Finally, if the non-custodial parent doesn’t agree with the move the other parent will need to prove the reasoning behind moving. In all cases, it is important to keep the child’s best interests in mind.
Motion to Modify Spousal Maintenance
It is possible to modify an original spousal maintenance agreement, but it can be difficult without substantial reasoning. The most common changes include either spouses’ finances or circumstances. Either party involved may have reported inaccurate income information or received money after a death in the family. Both of these situations may constitute a modification in the document. Circumstances that may approve the motion include an unreported inheritance or the loss of a job.
Motion to Modify Child Support
There are two ways to have child support orders modified; by a court order or by cost-of-living adjustments. For the court to change the original order certain requirements must be met. For example if a parent were to lose their job or have a major decrease in income there may be reasoning for a change. It could also involve an increase or decrease in the needs of the parent or child, or a large medical expense for the child. For a full list of criteria visit The Minnesota Department of Human Services.
Do you have questions about divorce?
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