Modification of Support, Custody or Visitation

When a child custody or support order is entered in a case, you may breathe a sigh of relief that the matter is finally concluded. These matters are often contentious, with both parents fighting for their rights and what they believe to be best for their child(ren). However, things do change over time, which may mean that your agreement must change along with your life’s circumstances.

In Massachusetts, it is possible to modify a child support, child custody, or visitation order. Generally, to have child custody or child support orders changed, you will need to demonstrate a significant change in circumstances. Our Quincy family law attorneys can work with you to seek a modification of a child custody or support order or to defend against such a request from an ex. We realize that agreements made as a result of a divorce or custody agreements sometimes need to be altered. The courts do too – as long as the agreement is fair and in the best interest of the child.

At Infinity Law Group, we offer skilled legal representation to individuals and families who are dealing with a range of family law matters, including child custody, visitation, and child support. We will analyze your situation and offer you legal guidance based on our experience and knowledge of Massachusetts family law. Reach out to our law firm today to schedule a free consultation with a Quincy child custody lawyer.

Do You Qualify to Get a Modification of Your Order from the Court?

Custody, visitation, and child support orders are based on the evidence presented to the court at the time that the order is entered (or when the parents come to an agreement). Sometimes, a special financial need, medical conditions, a change of residence, or other circumstance requires an existing agreement or order to be modified. For example, if one parent has accepted a job across the country, then that is a good reason to change the custody and visitation schedule.

Whatever the reason, if it is valid, Massachusetts family courts can revisit an existing agreement – whether it’s for a modification of your child support, visitation, and even custody on the rare occasion. Any request you make for modification is essentially a lawsuit against the other parent or ex-spouse and should be filed with the courts, with assistance from your attorney. And it’s not just the custodial parent that can seek to have the agreement modified – the non-custodial parent can as well.

The standard for a court to even consider hearing an action for modification is that there has to be a material or substantial change in circumstances from the last Order or Judgment of the Court.  If there has been no change, and you simply want to change things for its own sake, then your action will be dismissed.  Whoever files a modification must show there’s a change in either of the parties or the child’s circumstances.

For child custody and visitation, the parent who is seeking a change must demonstrate the following:

1. There has been a significant change in circumstances since the custody order was made; and
2. The best interests of the child(ren) are not being met by the current arrangement.

For example, consider a situation where the parent with primary physical custody develops a substance abuse problem. They have been charged with driving under the influence, have shown up to school intoxicated, and are generally engaging in concerning, unsafe behavior. The other parent might file a complaint for modification because there has been a significant change in circumstances, and it would be in the child’s best interests to change the custody order.

It is also possible to seek a modification of child support if there has been a material and substantial change in circumstances. This could include a request for an increase or decrease in child support based on the parents’ present situation. For example, if a child is diagnosed with a disability that requires a lot of out-of-pocket expenses or for one parent to cut back on work to care for them, then a court may modify the current child support order. As with child custody modifications, the parent seeking the change must file a complaint for modification with the county family court.

Can You Do It Yourself?

It is possible to represent yourself in a child custody or support modification case. However, many people who choose to file for a modification themselves, do eventually end up hiring a lawyer. This is often due to a combination of legal complexity and emotional issues between the parents.

Issues having to do with custody and parenting plans can be complicated and very emotionally charged.  It is better to have a lawyer advise you from the beginning on what you should be doing and how to do it right.  Sometimes a lawyer cannot fix what you have already done wrong in the case, and by then, it might be too late.

Reasons for a Modified Agreement

There are many reasons why a parent might seek to have their child custody, visitation, or child support order modified. Some common reasons include:

• The visitation schedule has become unworkable due to employment commitments or a change of address.
• The non-custodial parent is making significantly more money than when the agreement was first put into effect.
• A sudden medical emergency puts an unfair financial burden on the parent who has custody.
• The parent that does not have custody – but pays child support – loses their job or has some other significant change in their employment that severely impacts their ability to pay.
• Or even when the parent who has custody moves out of state and renders an existing visitation agreement worthless.

The key when it comes to modification requests is that the change be substantial or significant. If your ex got a 50-cent-per-hour raise at work, that probably is not enough to justify an increase in the amount of child support that they pay. Our Quincy family law attorneys can review the facts of your situation and help you decide how to move forward with your case.

In Massachusetts, the only part of a divorce agreement you can’t have the court revisit is property distribution. Every other aspect, including alimony, child custody/visitation, and child support, can potentially be modified. If your situation has changed since the orders in your case were entered, our law offices can help you decide if filing a request for modification may be appropriate.

Have You Spoken with the Other Parent About It?

Nothing makes the relationship between two parents more contentious than getting served with papers from a lawyer or the court.  So before you file, it’s usually a good idea to speak with the other parent about whether or not you two can come together and agree to modify your current parenting arrangement.  If you two can agree, then you can make sure it’s in writing and go through the process to get it approved by the Court.

Coming to an agreement is usually far less expensive and stressful than going through litigation. However, there are certainly situations when you might not want to confront the other parent first.  

One of those reasons could be that the relationship between you two is so strained that you already know you won’t be able to discuss it without the help of a lawyer or going to court.  Another reason could be that you are afraid that the other parent might do something unexpected, such as leaving the state or country with the child. If there has been domestic violence or abusive behavior in your relationship, then going to court is the best option.

Our law firm is skilled at negotiations, including for child custody or support modifications. We can work with you to help you come to an agreement with your ex. If necessary, we will take your case to a judge to ask them to modify the order on your behalf.

Modification of Support, Custody, or Visitation

The entire process of seeking to modify a support, visitation, or custody agreement is to make sure the children’s rights and best interests are protected. It’s really not meant to be used to settle a score with the other parent or address arguments that have existed for some time. While there is no limit on the number of times that you can request a child custody modification, bear in mind that a court will likely get frustrated if you continuously file petitions. Only rely on the modification process when a significant event has occurred that will have a definite impact on the children. 

Infinity Law Group advocates for clients in the greater Boston area who are dealing with family law issues, including divorce, alimony, child custody, and child support. We offer free consultations to help you understand your rights and options. If you need assistance with modifying an existing agreement or order in the Boston area, fill out our online contact form or give us a call at (617) 250-8236.