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Modification Petitions Help and FAQs

  1. My child's other parent has continuously ignored the visitation agreement, can I get custody because of this?
    Several factors are considered when deciding who should be awarded custody, one of them may be the history of willful violation of court orders.


  2. I recently got married and have two new children, can I ask the court to reduce the support I pay for my previous children?
    A child's dislike for his/her new stepparent may not be considered as a factor when deciding if custody should be changed, unless allegations of abuse/neglect or inappropriate behavior serve as the basis for such dislike.


  3. I just lost my job and am collecting unemployment, can I request a suspension in my child support payments?
    You may petition the court for a decrease in child support obligation if you can show a substantial change in circumstances. Courts differ as to what will be considered a valid change in circumstances.


  4. My child just told me that he/she does not like her new stepparent, can I request a change in custody because of this?
    It is the non-custodial parent's obligation to request a decrease in its support obligation because of his/her unemployment. However, his/her obligation may only be decreased and not suspended. You should consult with an attorney.


  5. The other parent of my child has asked me to change the visitation schedule to accommodate her schedule, do we need to go to court for this?
    If both parents agree on a change in court ordered visitation, they should put it in writing if the change is temporary. Permanent changes should be ordered by the court.


  6. My child's other parent told me he/she has plans to move to another state can I go to court and request custody because of this?
    Custodial parent's plan to relocate may serve as a legitimate basis for changing custody, if the best interests of the child standard is met.


  7. Can I ask the Court to order supervised visits with my child's other parent since he/she has someone new living in the home?
    Supervised visits may not be imposed unless the court is convinced that without such supervision the child is placed in danger of harm.


  8. My child's other parent left our home and left our child. Now he/she wants the child back can he/she get custody?
    One of the factors considered when deciding which parent should be awarded custody is the involvement in the child's day to day life and activities and the consistency of this involvement.


  9. How long do I have to wait to ask for a change in custody if the order was issued by the court?
    If there is a substantial change in circumstances, an order of custody may be changed at any time. The need for such change must affect the emotional, psychological and physical well-being.


  10. How many times can my child's other parent take me to court to get more child support?
    There is no set limit on the number of times one may go to court seeking a change in an order of support. However, excessive and meritless petitions may be used against the petitioning party.

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