Modification of Prior Orders in Rock Hill
Your family’s situation can change…why shouldn’t your custody or support order?
Modifying a Court Order in Rock Hill
This is a question that arises from many clients. In Rock Hill, any Family Court order regarding the custody, care, or support of minor children can be subject to modification by the Court. Each family is different and each has different situations, but some of the most common reasons for modification of a custody or support order are:
- The relocation or moving of one or both parents
- The family situation concerning one of the parents has changes (like re-marrying)
- The work or living situation of a parent is affecting custody or visitation
- One or both parents have had an increase or decrease in income
- The parents cannot agree on a major life decision regarding the child (educational, medical, religious decisions)
- There are concerns of the wellbeing of the child(ren) in the care of a parent
These, of course, are only a few of the reasons that a modification may be necessary. Each person’s situation is different, and an experienced Rock Hill family law attorney can help you determine whether or not a modification is necessary and assist you in finding a solution that works for your family.
Substantial Change of Circumstances
Although the Family Court allows for modification of custody and support orders, the Court has placed a significant hurdle which must be met prior to any modification. In order to seek a modification, a party must show the court that there has been a “substantial and material change of circumstances.” Next, in order to succeed in modifying an order, the party must prove to the Court that the change or modification is in the best interests of the minor child(ren). According to South Carolina courts, this change in circumstances must “substantially affect the interest and welfare of the child,” which prevents parents or parties from attempting to change an order on a whim for convenience or to punish the other parent.
Any time when you think you may need a modification, we can assist you in reviewing the specific circumstances of your family’s case and whether a modification is possible. Call us today to schedule an in-depth consultation.
For more information on Modification Of Prior Orders, an in-depth initial consultation is your next best step. Get the information and legal answers you are seeking by calling (803) 366-0333 today.