Post by Jim on Jun 8, 2014 9:35:43 GMT -5
Modification of Visitation Packet
If a party wishes to change a final order in a family law case, she/he must file a new
case with the court. Both parties should follow the terms of the original order until the
Court issues a new order. Even if the parties agree to a change, the change is not official
until the court approves it in a court order.
Child custody, visitation and child support orders are frequently changed by the
courts. Still, the court follows certain guidelines to determine whether a requested
change is proper.
Visitation can be changed if it is in the best interests of the child. The Plaintiff
need not prove that there has been a "material" change in the child's life or a parent's life.
Once the court grants a modification of visitation, the parties must wait two (2) years to
ask the court for another change. However, if the reason for the requested change is a
material change of circumstances, the two (2) year waiting period does not apply.
In an action seeking modification of visitation rights, since "custody" includes
visitation rights, any complaint seeking such a change must be brought as a separate
action in the county of residence of the legal custodian of the child; and the superior
court may transfer the question of the determination of visitation rights to the juvenile
court. However, the parties to a case changing visitation rights cannot waive jurisdiction
of the subject matter, but can waive jurisdiction of the person and venue. Accordingly,
the previous county could entertain the case if a new suit is filed and the parties waive
jurisdiction of the person and venue.
Allegations alone as to denial of visitation are sufficient to allege the required
change of condition so as to redetermine visitation privileges. The same is true of
allegations of improper supervision and prejudicing the child against the other parent.
Modification of a court order in family law cases can be a complex process. If
possible, you should discuss your case with an attorney or hire an attorney to represent
you.
Modification of Visitation Packet with Motion Template
If a party wishes to change a final order in a family law case, she/he must file a new
case with the court. Both parties should follow the terms of the original order until the
Court issues a new order. Even if the parties agree to a change, the change is not official
until the court approves it in a court order.
Child custody, visitation and child support orders are frequently changed by the
courts. Still, the court follows certain guidelines to determine whether a requested
change is proper.
Visitation can be changed if it is in the best interests of the child. The Plaintiff
need not prove that there has been a "material" change in the child's life or a parent's life.
Once the court grants a modification of visitation, the parties must wait two (2) years to
ask the court for another change. However, if the reason for the requested change is a
material change of circumstances, the two (2) year waiting period does not apply.
In an action seeking modification of visitation rights, since "custody" includes
visitation rights, any complaint seeking such a change must be brought as a separate
action in the county of residence of the legal custodian of the child; and the superior
court may transfer the question of the determination of visitation rights to the juvenile
court. However, the parties to a case changing visitation rights cannot waive jurisdiction
of the subject matter, but can waive jurisdiction of the person and venue. Accordingly,
the previous county could entertain the case if a new suit is filed and the parties waive
jurisdiction of the person and venue.
Allegations alone as to denial of visitation are sufficient to allege the required
change of condition so as to redetermine visitation privileges. The same is true of
allegations of improper supervision and prejudicing the child against the other parent.
Modification of a court order in family law cases can be a complex process. If
possible, you should discuss your case with an attorney or hire an attorney to represent
you.
Modification of Visitation Packet with Motion Template