| Attorney serving Bentonville, Bella Vista, Rogers, Springdale, Fayetteville, Eureka Springs, Berryville, & surrounding areas in Northwest Arkansas. |
DISCLAIMER: Nothing
on this website is
intended to begin the
attorney-client
relationship. Neither The
Bryant Firm nor any
attorney operating under
the auspices of The
Bryant Firm is your
attorney or legal
representation until an
engagement agreement
has been signed by both
you and an attorney at
The Bryant Firm. Nothing
on this site is intended to
be used as legal advice.
Prospective clients
should only rely on legal
advice as said or written
in a letter by a licensed
attorney. Nothing on this
site qualifies as legal
advice.
on this website is
intended to begin the
attorney-client
relationship. Neither The
Bryant Firm nor any
attorney operating under
the auspices of The
Bryant Firm is your
attorney or legal
representation until an
engagement agreement
has been signed by both
you and an attorney at
The Bryant Firm. Nothing
on this site is intended to
be used as legal advice.
Prospective clients
should only rely on legal
advice as said or written
in a letter by a licensed
attorney. Nothing on this
site qualifies as legal
advice.
| PRACTICE AREAS |
Modifications
Certain provisions of a domestic relations order can be modified. The only provisions
that usually cannot be modified are those relating to the division of property and debt.
However, alimony, child support, custody, and visitation can all be modified.
In order to get a modification of a prior order, the party seeking the modification must
prove that there has been a material change of circumstances sufficient to warrant a
modification of custody. In regards to child support, this is proven by showing that a
payor's income has increased or decreased by $100.00 per month or 20%. In regards to
custody and visitation, this is substantially more difficult.
In order to modify a custody or visitation order, something must have changed. Any
number of things can trigger the change of circumstances. Common issues include a
new romantic partner, a move out of the child's school district, actions of the custodial
parent designed to alienate the child from the non-custodial parent, and so forth. But in
addition to a change of circumstances sufficient to warrant a modification of custody,
the non-custodial parent must still prove that it is in the best interest of the child to be in
the non-custodial parent's custody.
This can be difficult because of the premium placed on stability for the child. While a
move outside of the child's normal school district may qualify as a material change of
circumstances sufficient to warrant a change in custody, it does not mean that the move
is not in the child's best interest. Just because a custodial parent has a new romantic
partner doesn't mean that the custodial parent is acting outside of the child's best interest.
All non-custodial parents want to see their children more often. However, it takes a lot
more than that to make a custody modification happen. That is not to say that there
aren't sufficient facts to obtain a modification of custody. If things have changed since
your divorce or last custody order, you must visit with an attorney to determine whether
you can get custody of your children.
that usually cannot be modified are those relating to the division of property and debt.
However, alimony, child support, custody, and visitation can all be modified.
In order to get a modification of a prior order, the party seeking the modification must
prove that there has been a material change of circumstances sufficient to warrant a
modification of custody. In regards to child support, this is proven by showing that a
payor's income has increased or decreased by $100.00 per month or 20%. In regards to
custody and visitation, this is substantially more difficult.
In order to modify a custody or visitation order, something must have changed. Any
number of things can trigger the change of circumstances. Common issues include a
new romantic partner, a move out of the child's school district, actions of the custodial
parent designed to alienate the child from the non-custodial parent, and so forth. But in
addition to a change of circumstances sufficient to warrant a modification of custody,
the non-custodial parent must still prove that it is in the best interest of the child to be in
the non-custodial parent's custody.
This can be difficult because of the premium placed on stability for the child. While a
move outside of the child's normal school district may qualify as a material change of
circumstances sufficient to warrant a change in custody, it does not mean that the move
is not in the child's best interest. Just because a custodial parent has a new romantic
partner doesn't mean that the custodial parent is acting outside of the child's best interest.
All non-custodial parents want to see their children more often. However, it takes a lot
more than that to make a custody modification happen. That is not to say that there
aren't sufficient facts to obtain a modification of custody. If things have changed since
your divorce or last custody order, you must visit with an attorney to determine whether
you can get custody of your children.
| The Bryant Firm, P.A. | 9 Halsted Circle | Rogers, AR 72756 Ph: (479)633-8994 | Fax: (479)633-8997 All rights reserved. (c) The Bryant Firm, 2011. |
| Joshua S. Bryant Attorney at Law THE BRYANT FIRM, P.A. 9 Halsted Circle Rogers, AR 72756 (479)633-8994 Fax: (479)633-8997 |