Skilled Settlement Modification Attorneys
Many parents who are dealing with custody issues and cannot come to a conclusion on their own will trust the courts to handle their custody matters. However, they might choose to go the route involving attorneys such as informal settlement negotiations or out-of-court proceedings, such as mediation or collaborative law. Many parents think that couples must now follow the status quo once they have already talked about their future custody arrangement or it has been decided by the courts. This is not the case as many couples find themselves in the middle of modifications on child custody every year.
Reasons For Modifications
There are many issues that can come up in a custody or support situation that calls for modification. From the very beginning of your custody dispute, the courts will tell you to work in what is known as the “best interests of your child,” which is putting your child’s physical, emotional and financial needs above all else. Once a child custody or visitation order is in place, both parents are expected to follow its terms or they could risk losing access to their child by being in contempt of court. However, situations change and sometimes a child custody or support modification is in order.
The Consent Order Option
You and your spouse might decide to go through with what is known as a “consent order,” which is a voluntary agreement that you enter into to end a dispute. Consent orders tend to have the same impact as court orders. Perhaps you and your spouse have been to court in the past, and now you have decided that there are some changes in custody, but you don’t want to go through the lengthy and stressful process of court. A consent order or agreement might be the best way to solve this issue together.
If your circumstances have changed significantly since the time a divorce decree or another family law decree was entered, or the needs of the child are not being met by the parent, you may have a basis to obtain a modification of the existing decree. Contact an experienced family law attorney at Hanlon Dunn Robertson to discuss your legal rights and options. We represent clients in a broad range of modification proceedings, including:
- Child custody modifications
- Visitation modifications
- Child support modifications
- Parental relocation disputes
If a consent order or agreement is not obtained and does not work for you, you might only be left with the option of filing a motion, which is when the courts view your substantial change in circumstances and will approve or deny it based on the new scenario this situation has created.
Modification Considerations
Some of the aspects that are typically considered in these cases include the needs of the child based on their age and developmental stages in life, the earning capacity of each parent and other support obligations. If a parent is no longer able to meet demands or one parent is demanding too much and it signifies a change, it might be time to speak with an experienced family law attorney about a consent order or agreement and how it could help your family.
Parental Relocation Disputes
Our firm represents mothers and fathers in parental move-away disputes. Having an experienced family law attorney who understands how to properly handle parental relocation disputes is essential to the protection of your rights. In some cases, parents who have moved without prior court order have lost custody of their children. Conversely, a parent opposing a parental relocation needs an experienced family law attorney who can present the most powerful argument possible in opposition to the proposed relocation.
You can find the experienced legal representation you require at Hanlon Dunn Robertson. Our family law practice is headed by attorney Robert E. Dunn, a certified matrimonial lawyer with more than 25 years of legal experience.
Learn More Today
To speak with one of our divorce modification attorneys at our Morristown office, call 973-756-2927 or contact us by email.