Lafayette Modification Lawyer

Lafayette Modification Attorney

Everyone experiences changes in their lives, but for parents with child support or custody orders, these changes could affect the living arrangements and support of your family. Exploring when and how to seek these modifications with the help of a Lafayette modification lawyer can help you stay ahead of the curve. Life rarely stays the same, and a court order affecting your family should change to keep up with the times.

Feel Supported at Every Step

For more than 25 years, Eric S. Neumann has served clients across the state of Louisiana, focusing on the Acadiana region. Our firm is known for its compassion, commitment, and results. We work tirelessly to protect the well-being of our clients and their families. Our firm is ready to stand by you as a dedicated asset who cares about your situation.

When Can You Modify a Court Order?

Most courts consider a modification valid when there is a significant change in circumstances from when the agreement was last changed or created. This is to prevent arbitrary changes and to ensure modifications are based on real changes that impact the welfare of the child.

Some modifications are temporary, but others are more permanent. Temporary modifications can be used if a parent has a short-term change, like a medical problem or a temporary relocation. If these situations end, the original order can be restored without a complete change of custody or child support.

Long-term changes usually require a permanent modification. For example, if a parent loses their job or receives a permanent salary increase, a court may change the amount of support given to make sure it is balanced depending on each parent’s financial situation.

Factors Impacting Custody Modifications

While some factors are more important than others, there are many factors that go into whether or not a modification is warranted. Some of the most common include:

• Relocation: If a parent chooses to move to a different city or state, it could affect where the child goes to school, their social life, and their ability to see the other parent. Therefore, the court normally evaluates how this move may affect the existing agreement and reviews how it could affect the child’s sense of stability.
• Child’s Preference: As children develop, their interests may influence custody decisions. Courts often consider the opinions of children once they begin to reach adolescence. If the child wants to live with a certain parent, this decision has to align with their emotional and physical well-being.
• Living Space: One of the most important factors is the suitability of each parent’s home. It is important for a home to be safe, stable, and helpful towards a child’s development. This is an overall assessment and includes criteria like the condition of the home, the general safety of the area, and whether or not there is enough space for the child to comfortably live.
• Parental Stability: If a parent wants custody, they must be stable enough to provide a nurturing environment. This depends on the parent’s work schedule, consistency, health, criminal record, and their involvement in the child’s daily life. Stability is important for the development of a child, and if the parent is unable to provide it, the court may be hesitant to award custody.
• Well-Being of the Child: Modifications may also occur if the child has a change in their own lives. For some, this could be a health diagnosis that requires more direct care. For others, they might attend a different school or require more education or developmental or emotional issues that need to be resolved. The parent that is better equipped to handle these challenges might be prioritized in these situations.

Every child custody or support modification is different, and the court takes multiple factors into account when making a decision. It is a good idea to consult with a family law attorney first to understand what a change in your arrangement might look like.

FAQs

What Is the Rule for Modification of Child Custody or Child Support in Louisiana?

The rule for modification of child custody or child support in Louisiana is when a parent has a significant change in their circumstances, they can apply for a modification. This can include things like a change in the financial situation, a change in the child’s needs, or other extenuating circumstances. Courts can also consider things like relocation, especially if it affects the ability of a parent to maintain visitation rights.

Can a Child Decide Which Parent to Live With in Custody Modifications in Louisiana?

A child can offer preferences on which parent to live with in custody modifications in Louisiana if they are old enough. Either way, a child’s preference is usually not the only factor to consider when determining custody modifications. The court will ensure the child has a stable place to develop and the parents are willing and able to meet their needs.

How Often Can a Child Support or Custody Order Be Modified?

A child support or custody order in Lafayette, LA can be modified based on how often changes occur with the parents. It is generally recommended to modify these things as little as possible because it takes a considerable amount of time and effort to do so. If a change is short-term and not a lasting shift, it may not qualify for a modification. Parents may agree on modifications outside of court, but they are not legally binding without approval from a judge.

What Is the Process for Filing a Child Support or Custody Modification?

The process for filing a child support or custody modification usually begins by filing paperwork with the court to petition them to reopen the case. The petition has to explain why it should be reopened and provide evidence of the change in circumstances that led to the filing. After this process, a hearing is scheduled where both parents explain the circumstances in greater detail. The court will then make a final ruling.

Find a Solution for Your Family

The well-being of your family comes first, especially when life throws unexpected challenges your way. Modifying a child support or custody order could be the necessary next step to protect the safety and stability of your children. Schedule a consultation with Eric Neumann, Attorney at Law, today to help you ensure your legal arrangements protect what matters most.