Modifying a court’s order may become necessary after a divorce and /or a final permanent parenting plan has been entered by a Court. Representation from the best attorney for you is strongly recommended if you want to successfully modify the court’s order.
In a Modification case, the person who files the Petition (petitioner) bears the Burden of Proof at trial and they must prove by a Preponderance of the Evidence that a Material Change of Circumstances has occurred. Secondly, the petitioner must show that a Modification of the Order is in the child(ren)’s best interests.
Generally, a Material Change of Circumstances occurs:
- After the entry of the last Court Order.
- When the Material Change was not known or reasonably anticipated when the last Order was entered.
- When the Material Change is one that affects the child(ren)’s well being in a meaningful way.
Since there are no bright-line rules for determining when a Material Change of Circumstances has occurred, hiring the best attorney to discuss the facts of your case is imperative.