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Fort Mill Divorce Modifications Attorneys

Request Changes to Your Divorce Order in Fort Mill, Indian Land, Rock Hill, York County & Lancaster County

Judge modifying court ordersYou have navigated the difficult legal aspects of your divorce, the finances have been split reasonably, and the court has issued its ruling on your child's custody. However, the child custody arrangement did not go your way and while you have visitation rights, your former spouse was named the custodial parent. Is there anything you can do? The answer is yes – you can ask the Court to modify its ruling.

Modification is a determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning child support, child custody, or alimony, whether or not it is made by the court that made the previous determination. The Fort Mill divorce attorneys at Holland Law LLC can help you request changes to any portion of your divorce order.

Contact us online or at (803) 500-4140 to get started. We have offices in Fort Mill and Rock Hill.

Modification Requirements

Modifying a custody order requires proof on your part that there has been a substantial change in circumstances that directly impacts the best interest of the child.

A person may ask the Court to transfer the custody of a child if it can be proven that:

  • Circumstances have sufficiently changed
  • The changes occurred after the initial award of custody, and ordinarily, prior to filing the request to change custody
  • The changes substantially affect the interests and welfare of the child in question

When considering a modification, the court will take into account:

  • The temperament and developmental needs of the child
  • The preferences of each minor child
  • The capacity and disposition of the parents to understand and meet the needs of the child
  • The wishes of each parent as to custody
  • The past and current interaction and relationship of the child with each parent, the child's siblings, and relatives who may significantly affect the best interest of the child
  • The actions of each parent to encourage the continuing parent-child relationship between the child and the other parent, including compliance with court orders
  • Any manipulation by or coercive behavior of the parents in an effort to involve the child in the parents' dispute
  • Any effort by one parent to disparage the other parent in front of the child
  • The ability of each parent to be actively involved in the life of the child
  • The child's adjustment to his or home, school, and community environments
  • The stability of the child's existing and proposed residences

If you have observed a substantial change in any of these factors the court took into consideration at the time the initial custody ruling was issued, it may be worth asking the court to make a modification.

There are also positive reasons as to why you may ask the court to modify its initial order. For example, if you were initially denied custody because you were not employed and have since obtained steady employment, it may be worth seeking modification. Such an action will require you to both prove your employment status as well as how the substantial change and subsequent request for modification is in the best interest of the child.

Appealing Denials

Once a petition is made to the court, it is still possible that after reviewing the evidence the judge will decide to deny the modification request.

Reasons for a denial include:

  • The reason for the requested change in child support could have been anticipated when the child support order was first entered
  • The person requesting a reduction in child support is able to reasonably make the current child support payments
  • The request for a change in child support was filed primarily because the other parent has remarried
  • The parent seeking the change in child support has voluntarily quit a job, switched to a lower paying job, or stopped looking for a job
  • The parent seeking a reduction in child support continues to enjoy the same lifestyle despite changes in marital status and finances

Life changes and because of that, it is possible that a child support or custody agreement may need to be modified sometime between its origination and the child's eighteenth birthday. Hiring experienced legal counsel will help to protect you from potential fines and penalties while securing an agreement that fits your financial needs.

Knowing the ins and outs of child support modification laws can be overwhelming. Fortunately, you are not alone. Holland Law LLC is here to help.

Get in touch with us today by calling (803) 500-4140.

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