The divorce process can be a long one, especially in a high asset or complex divorce. It can take months – if not longer – to finally come to an agreement with your spouse as to how certain issues will be determined. Although one may think that after all of the fighting and negotiations that the final divorce decree would be just that – final – the reality is that many couples end up back in court at some point in order to have parts of that decree modified.
Not all parts of divorce decree can be modified. For example, asset and property division can not be modified unless there is evidence that fraud occurred during the divorce process. But other parts, such as child custody, child support, or alimony, may be able to be modified if the requesting spouse can show a substantial change of circumstances.
Modifying a Child Custody Order
Child custody is one of the most difficult areas of family law. When making the final custody decision, the courts always rely on the best interest of the child doctrine. Once the final decision has been made, there must be a substantial change in circumstances that are or will have an impact on that best interest in order for the court to even consider modifying the original order, unless both parents are agreeing to the change.
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