Once the Consent Order is finalized, it may be enforced via a Contempt action or modified based
on a substantial change in circumstances.
Once the Court Order is finalized, it may be enforced via a Contempt action or modified based
on a substantial change in circumstances.
Modifications are generally based
on a substantial change in circumstances and may require an extensive evidentiary hearing, if contested.
Not exact matches
Now that we have covered the laws
on modifying a child custody order
in Arizona, let's talk about one common
change in circumstances that will almost always be considered a
substantial and continuing
change in circumstances to modify a child custody order — a parent is moving to another state.
It's designed so that if there is a
substantial change in circumstances, you can go
in and modify the current order of the court to more fit what's going
on today because you may have been divorced 10 years ago.
Typically, demonstrating a
substantial change in circumstances since the decree was established is all that is necessary, and the court will likely consider cohabitation as a
substantial change, depending
on the
circumstances.
RCW 26.09.260 (5) provides that: The court may order adjustments to the residential aspects of a parenting plan upon a showing of a
substantial change in circumstances of either parent or of the child... if the proposed modification is only a minor modification
in the residential schedule that does not
change the residence the child is scheduled to reside
in the majority of the time and: (a) Does not exceed twenty - four full days
in a calendar year; or (b) Is based
on a
change of residence of the parent with whom the child does not reside the majority of the time or an involuntary
change in work schedule by a parent which makes the residential schedule
in the parenting plan impractical to follow; or (c) Does not result
in a schedule that exceeds ninety overnights per year
in total, if the court finds that, at the time the petition for modification is filed, the decree of dissolution or parenting plan does not provide reasonable time.
For example, if the separation agreement has been incorporated into a court decree, but not merged therein, then the court has the power
in Pennsylvania to modify alimony terms based
on a
substantial change of
circumstances, as long as the contract specifically states that the alimony, is modifiable.
(g)(1) An award of custody may be modified or terminated upon the motion of one or both parents, or
on the court's own motion, upon a determination that there has been a
substantial and material
change in circumstances and that such modification or termination is
in the best interest of the child.