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Important considerations in modification cases

After a divorce (or a breakup between unmarried parents) most may not think about the prospect of further litigation. But the reality is that people may still have disagreements after a decree is entered that may require court intervention. For instance, there may be missed (or denied) parenting time, clashes over payment of unreimbursed medical expenses, and challenges over passports.

For parents who do not get to see their children as often as they like, seeking a modification to their custody (or parenting time) decree is still an unfinished resolution that may not seen to fruition. But with some effort and some assistance from an experienced family law attorney, changes can be made. This post will highlight some of the factors that courts consider in modification motions.

What is the relationship between the child and moving parent (i.e. the parent making the motion) - The court will want to know if a change in the current custody or parenting time arrangement will be "in the best interests of the child." Essentially, will the child benefit from spending more time with the parent seeking such time.

What are the extent of changes to be made - A family court judge will also consider the nature of the changes sought (e.g. an increase in parenting time, changes to exchange times and locations).

Will the other parent cooperate? - Another important factor is whether a parent will cooperate in fostering the child's relationship with the other parent. After all, even though parents may not live under the same roof, it is critical for a child to have a relationship with both parents.

To learn more about custody modifications, contact an experienced family law attorney.

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