Modification Lawyer in Minnesota Helping You Adjust to Life’s Changes

Court orders can be very helpful in family law situations because they spell out the responsibilities of each party in black and white. However, circumstances change, and what was a good fit for your family situation five years ago may not be today. Learn what goes into modifying a court order and what you need to know before you move forward below.

No court order can completely predict and provide for all situations that might happen in the future. That is why modification procedures exist. Contact TVA Law Office to find out if a modification might be appropriate in your case and how to get the process started.

What Does Modifying a Court Order Mean?

Modifying a court order simply means that you are asking the court to make an official change to the existing court order. When a court order is put in place, it is designed to reflect the current situation. But as time passes, the needs of the parties can change. For example, a child custody order that is put into place before the children have started schooling may no longer serve their best interests when they are in high school. Modifications give those involved the chance to update the orders as needed.

What Kinds of Court Orders Can Be Modified?

In most cases, when someone talks about modifying a court order, they are referring to a family court order. Child custody orders and child support orders are two common types of court orders that get modified. Child custody orders can be modified to change from sole to joint custody or vice versa or to change who is named the residential parent. Child support orders often undergo modification when there is a significant change in financial circumstances for one of the parents.

Why Do I Need an Attorney to Help Me With a Modification?

One of the biggest benefits of using an attorney to help with a modification of a court order is that they can help you understand whether you have a case before you spend the time and money pursuing a modification. You need to have grounds to request a modification, and an attorney can help ensure you have those grounds. They can help you prepare an argument to have child support lowered or understand if you have the standing to request a change in custody.

While getting a court order modified is a common process in the family courts, it is not always a simple matter. If the parties aren’t in agreement on the modification, it can quickly turn into a heated legal battle. If that happens, you will want the help of an experienced modification lawyer. Modification lawyers can help you if the case goes to trial, but they also have strong negotiation skills that can be used to try to come to an agreement that works for both parties.

How Do You File for a Modification?

The first step in having a court order modified is discussing your case with a qualified family law attorney. An attorney can help ensure that you have grounds for the modification so that you don’t waste time and money pursuing something you aren’t likely to have granted. Once you’re ready to move forward, the next step is to file the petition and serve the other party. A hearing will be scheduled where you will be able to present your case for why the modification should happen, and the other party will also have a chance to present a counterargument. After hearing both sides, the judge will make a decision on whether to grant the modification. If both parties are in agreement on the modification, it can expedite matters because the judge is likely to enforce the agreed-upon modification request as long as there are no extenuating circumstances.

If you have questions about the modification process for child custody, child support, or other family law order, TVA Law Office can help. Call 651-571-8547 to schedule a  consultation to discuss your case and next steps.