Modification & Enforcement

If the court has already entered orders for legal decision making and parenting time and you believe those orders should be changed, you can request they be modified. The one catch is that one (1) year must have passed since the making of the order unless the child’s current environment is a serious threat of harm or danger to the child whether it be physical, moral, mental or emotional.

Here are just a few examples which warrant a modification sooner than the 1-year requirement. If one of the parents or someone in their home has an addiction issue which places the child at risk. Perhaps there is a new spouse or significant other who is harming the child.

If one of the parents commits an act of domestic violence against the other parent or against the child, an Order of Protection can be requested and will be decided that same day. Order of Protection take affect as soon as they are served by the sheriff.

The Modification Process:

What do you need to do to modify an existing parenting time or legal decision making order after the one (1) year requirement?

A verified petition explaining why you believe the change is necessary and in the best interest of the child(ren) will need to be filed. The other parent must receive notice of the filing and your requested change.

The other parent may file a Response to let the court know their side of the story and explain the reason why the orders should not be changed. The court may grant the request for a hearing if the reason for the change is warranted. Be aware, the court may order the filing parent to pay the other parent’s attorney fees and costs if the court believes the modification request was not filed in good faith.