Modifications of Court Orders Attorney in Rancho Cucamonga

Family Court Order Modifications Lawyer Serving The Inland Empire

There is a not insubstantial chance that one or both parents may seek a change in a court order at some point. Modifications may arise due to changed situations, both physical and financial. The Law Office of Taylor B. Warner, APLC has counseled numerous clients as they have sought modifications or responded to petitions.

In order to obtain a modification, a party must make the baseline showing that it is necessary and proper. They must show that circumstances changed substantially since the court order was entered. Nonetheless, it is entirely possible that a party can make that showing and persuade the court to grant the modification.

Contact the Law Office of Taylor B. Warner, APLC whenever a modification is at issue because the result of the proceeding will have a substantial impact on your rights. You cannot afford to be without a lawyer. Call us today at (909) 466-5575 to schedule an initial consultation or fill out a contact form so we can discuss your specific family law needs.

The Law Office of Taylor B. Warner, APLC is located at 10535 Foothill Blvd, Suite 235 Rancho Cucamonga, California 91730 (open in Google Maps). Our office is located on the South East corner of Foothill & Haven just one block away from the Rancho Cucamonga Superior Court and we handle cases throughout San Bernardino & Riverside Counties.

Court Orders Are Subject to Change

Once a court enters an order in a divorce case, nothing is set in stone. While the intent is that the order would remain in place, there are circumstances in which a court would modify the order upon petition from one of the parties. The existing agreement covers both the financial and other circumstances at the time of the divorce. However, things change over time. A party could make more or less money. Their schedule or their place of employment can change. Either way, the initial order may no longer fit the situation.

Subjects of Modification Proceedings

Here are some aspects of the divorce that one party may wish to change:

• Child custody
• Child support
• Spousal support

When it comes to custody, the following may be subject to modification:

• How the decisions are made for the children (including specific new areas that may not have been addressed in an initial agreement)
• Which parent has physical custody of the children
• Visitation rights and schedules
• Whether a parent can relocate with the children

How Modifications Issues Are Addressed

There are two ways that the court may enter a modification:

• The parents could negotiate a modification amongst themselves, and the court could enter an order after the judge reviews the agreement
• A parent could file a request for a modification with the court that a judge could choose to grant it after a hearing in court

Courts try to strike a balance between respecting the initial orders in the case and allowing for the fact that things can change over time. They do not want a party to take their case back to court when nothing much is different, just because they did not agree with the first order.

How a Party Obtains a Modification

The party seeking the modification would have the burden of proof to show why the court should grant the petition. The court wants you to show that the modification is “necessary and proper.” While you may need some argument that shows that the circumstances have changed significantly, modifying necessary, the court would still look at the best interests of the child. For example, even if one parent got a job that paid far more, the court may not want to allow a relocation when the child has a very close relationship with the non-relocating parent.

In the end, the court has a great deal of discretion in determining whether to grant a modification request and what to order. Different judges may take different viewpoints on what they consider to be in the best interests of the child. In many cases, neither parent may have anticipated that circumstances would change, so they are left to put forth their strongest possible case within the relevant legal framework.

Why You Need an Attorney for a Modification Case

A modification case involves a court order. Whatever the outcome of the case, you would need to abide by a court order, whether it is an existing one or a modified one issued by the court. The stakes can be very high for both parents. Your rights as a parent could even be at stake. Alternatively, you could be dealing with financial issues that can have a major impact on your future. Modifications are something that you need to take seriously, whether you are the parent who wants it or is dealing with the request. An experienced family law modification lawyer can review your case and help you develop the soundest legal strategy.

Contact a Family Law Modifications Attorney Today

If you are considering filing for a modification, or you have been informed that the other party is seeking one, the Law Offices of Taylor B. Warner, APLC can provide you with legal counsel and advocacy. Call us today at 909-466-5575 to discuss your case with an experienced family law attorney.