Modification of Divorce or Custody Order

Modifying Divorce or Custody Order is not rare by parties wanting to change a prior Order regarding issues of child support, alimony, and/or custody. A person is brought an action to modify his Order and must prove that there is a material change of circumstances. The material change of circumstances may be a great change in circumstances like relocation to a huge distance, issues dealing with appropriate care of the children, and/or income.

Soubra Law Firm can assist you situation like this if they arises in your particular circumstances while maintaining your rights given in previous Orders.

Modification and Change of Circumstances

Orders are binding between the parties, but the Orders can be changed if the moving party can prove a change of circumstances great enough that warrants a change. The Maryland Courts call this a modification and this can be done any time after the Order has issued if the court can find a change of circumstances.

Although courts find that there is a change of circumstances, the court must find that there is a material change of circumstances that warrant change in the current Order. There has to be new evidence showing this after the Order was issued. It would not be fair and equitable if one or both parties use facts before the Order was issued.

It is not a good idea to continual to file a modification right after the Order is issued unless there is a material change of circumstances. It is not practical to immediately file a modification because it would be suspect as to why it is immediately raised.

Period before the Modification

If a reasonable amount of time elapsed, all issues after the Order was issued regarding to raising the children, but financial and custodial, will be scrutinize at the modification hearing. The court must have enough facts which constitute a change in circumstances.

The parties’ conduct during the period of modification is critical. The parties should make every effort at all times to be a model parent being active at all times. The parties must be active in all aspects such as school, medical, religion, and other critical welfare of raising the children. If one of the parties is late paying his/her child support or do not see the children according to the Order, this will be used against you in Court. Judges will weight those factors against the parent with the less than stellar performance as a parent. You should be a model parent, take active in your children’s lives, so that way in case of future modification, you have a case to warrant a modification with the court.

Proving Modification

You are acting as good parent to your child may help in your modification case. If the other parent does not hold to your standards as a model parent, you can present this case to the court whether to grant you modification to the judge.

If you show you can resolves problems amicably with the other party without court’s intervention, this will be considered by the Judge. If you can have a written record of what you have done, it will better your case. You do not want to flood the court with minor complaints, this way it will confuse the court and not to take your case seriously.

If your friendly approach did not work, that filing with the court requesting a modification may be warranted. You should retain an attorney to help with this to make sure you are not spinning your wheels and someone who knows how to use the rule of evidence and family law in the court of law. You should call the Soubra Law Firm at 301-219-5038 and retain them to represent you in your modification case. The court will take you much seriously if you have an attorney on your side to represent throughout this modification of custody process.

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