Do you need to modify your current child custody or support order? • Are you unsure whether there have been adequate changes in circumstances since your order was entered to justify a modification? • Is your ex willing to agree to a modification or will it be contested?
A non-married parent can file for modification of orders relating to child custody, child visitation and child support any time there is a “substantial,” “material,” and “permanent” change in circumstances affecting either parent's ability to raise the children.
As time passes, the circumstances of your life will change. A child custody and/or child support order entered two years ago might not make sense now based on the changes that have happened in your life. Maybe you have remarried, maybe your income or your ex-spouse's income has greatly increased (or decreased), maybe your spouse moved to another state, maybe you have been diagnosed with a disability, or maybe your work hours have been changed? All of these types of changes may warrant a modification to your current child support or custody arrangement. In fact, even very predictable events can qualify as a substantial change. For example, if the child was two years old at the time of the divorce and is now seven years old, you may be able to obtain a modification on that basis alone.
If you've moved or your ex-spouse has moved, you may have a question about Which Court Should Hear Your Modification.