Douglas County’s Dedicated Modifications Attorney
Life happens, and sometimes it simply becomes necessary to modify a court-ordered child custody agreement. Though no two cases are alike, you may modify a Nebraska child custody order only through the court’s approval of your request. In other words, while you and your former spouse may reach an informal agreement, only a court-approved modification is enforceable by law. Child custody laws are often complicated, which is why consulting with an experienced family law attorney is preferable to attempting any modification on your own.
A Nebraska court will only modify a child custody order if specific circumstances are present. Simply put, it is the responsibility of the party requesting a modification to demonstrate a material change in circumstances that justifies the court changing its original order. While the factors constituting a material change in circumstances may vary, they typically involve changes in occupation, health-related concerns and/or remarriage.
Whomever is requesting the modification must first ensure that his or her ex-spouse receives an official copy of the motion before the court will hear the request. This is typically done by requesting that the sheriff’s department serve the motion to the ex-spouse. If for whatever reason the sheriff’s department is not available, the party seeking modification may hire a private process server. Keep in mind that one party may never serve the other directly.
Consult With An Experienced Family Law Attorney
Child support modifications are exceedingly complex and dependent upon both statutes and case law. Only an effective, reliable family law attorney will have the experience necessary to provide you with an informed opinion on whether modification would benefit you and your family.
Wesley S. Dodge Attorney at Law has been assisting Omaha and Douglas County families for more than 25 years. If you and your family are currently interested in requesting a modification, call (402) 333-1604 today.