How Do You Modify Custody or Placement in Your Divorce or Paternity Judgment?

Often times the circumstances surrounding the agreements made at the time of your divorce do not remain the same indefinitely. This is especially the case when children are involved.

There are specific time limits that must be followed in order to modify your Divorce or Paternity Judgment accurately. A final judgment may be modified for different reasons at different times. A “final judgment,” for the purposes of requesting a modification, in a divorce proceeding includes the Findings of Fact, Conclusions of Law and Judgment of Divorce and a Marital Settlement Agreement. For a paternity case, it includes the Findings of Fact, Conclusions of Law and Judgment of Paternity.

If you want to modify custody (decision-making rights) and physical placement for your child and it is within two years of the final judgment on your paternity or divorce case, you will need to file a Motion to Modify with the court, and it is your burden to show by substantial evidence that the current custody and physical placement is harmful to the physically or emotionally harmful to the best interest of the child.

After two years has passed from the final judgment, you can file a Motion to Modify with the court if there has been a substantial change of circumstances since the entry of the last order affecting legal custody or the last order substantially affecting physical placement , and modifying the current order is in the best interest of the child.

A “substantial change of circumstance” can include, but is not limited to: a considerable change in either spouse’s income or employment status, a new health problem which impacts the ability to work, moving to a new location, and substance abuse problems or criminal activity.

If your final judgment is no longer current and new circumstances warrant a modification, please contact Nelson, Krueger and Millenbach, LLC, to discuss your case with an experienced family law attorney.

We welcome your comments or questions. We will do our best to try to respond. However, please be advised that we cannot give legal advice in this forum and all communications are for general informational purposes only. Communication should not be construed as forming an attorney-client relationship. This is an open forum and any information you provide may be posted and will not be held confidentially. By posting a comment or question, you are expressly giving consent for the publication of same. If you have any specific legal issues or concerns, we always recommend that you consult with an attorney in the county and state in which you reside.

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s