Child Custody Lawyer in Missouri: Modification of Parenting Plan
A child custody lawyer in Missouri is an expert in handling a modification of a parenting plan, which may also involve making changes to child support. A Motion to Modify Child Custody must be filed with the court to make changes that are in the best interest of the child. A court-ordered parenting plan may be accomplished in either a formal hearing or, in some cases by affidavit. The child custody lawyer in Missouri would need to formally file the new agreement with the court, and it must be approved by a judge in order to be binding and become part of the revised child custody plan.
Venue is another consideration when modifying a parenting plan. In most instances, custody and visitation issues must be heard in the same circuit court that entered the original judgment, even if a parent or child moves to a different circuit within the state of Missouri. When a parent or child moves out of state or the parenting plan was ordered in another state, the laws about jurisdiction become more complex. You should consult a child custody lawyer in Missouri to determine which court has the authority to hear your case.
Minor changes to an agreement such as changing the days, times, or location for visitation may be needed as your child grows, goes to school, and engages in more extra-curricular activities. Changes to the amount of financial support may also become necessary. Modification of the parenting plan will focus on the particular circumstances of the child and/or the parents that have changed since the last court decision.
When either parent contests a modification to the parenting plan, you should consider working with the other party to settle your issues without the necessity of a trial, even if legal proceedings have already started. It is better for your child when you can both agree on the changes to visitation and all the other issues. When you both agree on the changes in the parenting plan, a child custody lawyer in Missouri can file a stipulation for modification with the court. Depending on the nature of the change, the court may grant the request without a formal hearing and enter a judgment that replaces the original order.
If one of the parents requests a major change such as moving out of state, it may require a new court order. Changes in the physical custody of children are more difficult to obtain; by law, it requires specific findings that consider more than the wishes of the parent and the child. Rather, requesting a modification to the parenting plan simply because the non-custodial parent thinks their child wants to live with them, or because a parent or the child don’t like the visitation times may not satisfy the legal requirements for modification.
If you are unable to agree about modifying the parenting plan it becomes a contested matter and the procedures for a contested hearing apply. You should consult a child custody lawyer in Missouri if you and the other parent are unable to reach a mutual agreement about modifications to the custody agreement. The attorney can address the complexities of such matters and present your case to be more effective in a contested hearing.
For many families, the most important issue in a divorce is child custody. Having an experienced family law child custody lawyer in Missouri who makes the children a priority when handling the case is so important. The Levy Craig family law team makes client satisfaction, good communication, and strong, effective advocacy a top priority. We represent clients in Missouri in matters involving child custody, child support, spousal support, and more. The firm has three offices in the metropolitan Kansas City area for the convenience of its clients.
For more information or to schedule a consultation, contact child custody lawyer in Missouri Natalie Elliott or Kim Scheurman today!
Levy Craig Family Law
816-454-7474