Modifications Attorney in Jefferson City

When your divorce was finalized, the parenting plan likely made sense for your life at that specific moment. You and your co-parent agreed on a schedule, or a judge issued an order based on the ages of your children and your employment situations at the time. However, life rarely stands still. As years pass, children grow, careers shift and personal circumstances evolve. The parenting plan that worked well years ago may now cause unnecessary stress or simply fail to meet your child’s needs today. As a seasoned family law attorney, I understand that stability is vital for any family. Yet, maintaining stability sometimes requires adapting to new realities. If your current court order has become unworkable, it may be time to consider a modification.

The Legal Basis for Modification

In Missouri, you cannot simply change a custody arrangement because you have changed your mind. The court requires a legal basis to intervene. Under Section 452.410 of the Missouri Statutes, the court will not modify a prior custody decree unless it finds that a change has occurred in the circumstances of the child or the child’s custodian.

This statute ensures that children are not subjected to a revolving door of litigation. The court must see facts that have arisen since the prior decree or were unknown at the time of the decree. My role as your attorney is to help you gather the necessary evidence to prove that these changes are significant enough to warrant legal intervention and that a modification is necessary to serve the best interests of your child.

Requirements for Modifying a Child Custody Order

Modifying who has primary physical custody of a child is a serious matter. The burden of proof is high because Missouri courts prioritize continuity in a child’s life. Generally, we must prove that a “substantial and continuing” change has occurred. This change must be significant enough that the prior order is now unreasonable.

We look at various factors when determining if a substantial change has occurred. While every case is unique, common scenarios that may warrant a modification include:

• Relocation of a parent that makes the current exchange schedule impossible or overly burdensome for the child
• Significant changes in a child’s needs, including educational struggles, medical diagnoses or behavioral issues that the current custodian is unable to address
• A parent’s situation deteriorating due to criminal activity, substance abuse issues or neglect that places the child at risk
• A breakdown in communication where the custodial parent consistently denies parenting time or alienates the child from the other parent

If the prior order has become unreasonable due to these or other major shifts, the court will then look to what arrangement serves the best interest of the child. I work closely with my clients to present a clear picture of why the current environment is no longer suitable and how the proposed change will improve the child’s welfare.

Modifying Parenting Time

It is important to note that modifying a parenting schedule often requires a slightly lower burden of proof than changing primary custody. Sometimes you do not need to change who the child lives with, but you do need to adjust the days and times the child spends with each parent.

In these instances, the change in circumstances does not always need to be as “substantial” as is required for a custody change, but it must still be in the best interest of the child. Life brings many minor changes that can disrupt a rigid schedule. We often see the need for parenting time adjustments due to:

• Changes in employment, such as a parent moving to a night shift or requiring frequent travel
• The aging of the child as teenagers often have different social and academic demands than toddlers
• Extracurricular activities like sports or music lessons that conflict with the established exchange times
• School schedule adjustments that make the original drop-off and pick-up times impractical

Consult with an Experienced Family Law Attorney

Reopening a legal chapter of your life can be stressful. I, Scott A. Hamblin, understand the anxiety that comes with returning to court. My commitment to excellence means I will listen to your concerns, provide a candid assessment of your case and help you understand your risks and benefits.

We do not have to rush into a courtroom. If a settlement can be reached that benefits you and your child, I will help you pursue that path. However, if litigation is necessary to protect your rights and your child’s future, I am ready to be the aggressive advocate you need. Contact my office today to discuss your situation.