In cases involving child custody, one of the important things that you must remember is that even if the custody is granted in your favor, there is still a chance that the court that issued the order can modify it. Under the existing statutes, post-modifications are allowed in certain cases and upon existence of all the requisites required. The instances where child custody orders may be changed, according to an attorney in Waukesha:
- When one of the parents of the child has violated a lawful court order or
- When the mother or father alleged that certain circumstances have changed.
Either of the custodial and the non-custodial parent may file a petition in court for the modification of a particular child custody order. A duly verified affidavit must be filed before the court which issued the order sought to be changed. The party who files the petition has the burden of proving that there is a necessity to change a previously declared final order of the court. He or she has the responsibility to present evidence to convince the court to modify the decree concerning the child custody.
When it comes to these type of cases, the constitutional requirement on due process must be complied with. The party seeking for the modification must serve the adverse party with a proper notice. The movant must ensure that the other party is aware of the existing motion praying for the change in the child custody order. During the hearing of the case, the movant may also ask the court to declare the erring parent in contempt of court for violation of a court order. It must be noted that any evidence presented with regard to the modification motion can be admitted as evidence for the contempt motion.
If you are the party who wishes to move for the modification of a child custody order, you have to make sure that your child’s best interest will be promoted in the legal action you may file. It is also your duty to gather evidence to show the court that there is a substantial change in the circumstances surrounding the case. To prepare yourself for the hearing of the motion, it is imperative that you seek the advice of a legal counsel. Find a lawyer who can help you prepare the necessary documents and guide you in every step of the way. A good attorney can help you establish a good case so find a good one.