Because of your job or other events in your life, you will want to change visitation dates from time to time. For the most part, however, you will want to follow the schedule as much as possible, not cancel at the last minute, and be on time. If you continually miss scheduled visitations, your parenting partner could petition the court to decrease visitation or custody and increase your child support. The court can change visitation - and even custody - upon the other parent's request if you do not show an interest in having visitation.

If you do not need to change the overall parenting schedule, you can petition the court for a modification. Whenever you agree to change the terms of a court order regarding visitation, that change needs to be commemorated with another court order.

If you need to change visitation, you can petition the court for a change. If you show a material change in circumstances, then the court may modify the current visitation order to accommodate the new set of circumstances.

Posted by Irwin M. Pollack, Esq. at 12:09 PM | Permalink | TrackBacks (0) | Comments (0)

When things change over time - and they do - it is not uncommon for one spouse to file a Complaint for Modification. Here, you are asking the court to modify a prior order because things have changed since the last court order. In Massachusetts, however, the burden is on the moving party (the party seeking the change) to show that there has been a "material" or "substantial" change in circumstances. This requirement encourages stability of arrangements and helps prevent the court from becoming overburdened with frequent and repetitive modification requests.

Think about your own situation: You've won the lottery, you've received five bonuses over the past year, or your children have grown, their needs have changed, and the support for raising those children has some need to grow as well.

Your own circumstances can change also. You may lose your job, get hit with large insurance premiums or have gotten into an accident that now limits your ability to work.

The most common examples which trigger these Complaints for Modification include:

1. Geographic moves: If one party wants to take the children and move away, the move may constitute a changed circumstance that justifies the court's modification of a custody or visitation order.

2. Change in finances: If one party has changed jobs, and their income has significantly
   changed, that would trigger a substantial change in circumstances. As would one party's recent remarriage, a change in one party's ability to meet any court-ordered financial obligation, etc.

3. Change in lifestyle: Changes in custody or visitation orders may be obtained if
   substantial changes in a parent's lifestyle threatens or harms the child. If, for example, a custodial parent begins working at night and leaving a seven-year-old child alone, the other parent may request a change in the parenting plan.
   

The bottom line is that whatever the reason, you can always seek a change in the most recent court orders - either in an amount one party has been ordered to pay, the parenting plan or any other issue under the court's control. The key to remember is whether the change has been significant enough to be characterized as a substantial - or material - change in circumstances!

If you think it is time to go back to court, Contact Us today!

Posted by Irwin M. Pollack, Esq. at 11:25 AM | Permalink | TrackBacks (0) | Comments (0)