How Does Someone Get Started If They Believe They Should File A Modification To A Child Custody Or Child Support Order?
If a parent wants to start the modification process for a child custody or support order, they can start gathering the evidence they have. If there are educational records that support their requests or if they need to request a copy of their child’s medical records, they can begin to gather those documents. If they feel comfortable approaching the other party directly, they can. However, many times, we recommend coming in for a consultation. That way, they will have a legal set of eyes reviewing the data. We can also explain how a judge may see their circumstance. It is a good way to gain a sound basis before moving forward.
At the consultation, we’d discuss what next appropriate step would be. We may not file a motion at that time. Instead, we may send a letter to the other side or setup a settlement conference or mediation to try to resolve the matter.
It’s never too early to think about going to court and showing things to the judge. However, you need to organize the information that supports your position. It’s always advisable to sit down with somebody who has experience with filing motions and presenting them to the court. Together, you can come up with a game plan on how to address and/or advance the issue forward.
What Can I Do If I’ve Been Served With Court Papers For A Modification Case?
If you’ve been served with court papers for a modification case, that means that the other person has invoked the court process. Usually, there’s a short time period in which you have to respond. Most often, the time period is 20 days. It can also be less depending on the circumstances. In the event that you get served with papers, the protocol changes a bit. Your first step may not be to gather evidence, but it’s imperative to get in touch with counsel, review the petition, and confirm when you have to respond by. That way, you’ll have time to get those documents submitted. If you’ve been served, it’s extremely important that you don’t take a lot of time to gather evidence and think about your strategy. You should sit down with somebody to help you generate what you need and establish the game plan of how to address your situation.
It helps to understand that just because a parent has filed court papers and the other parent has been served, that doesn’t mean it’s the start of World War III. It simply means that things could easily be resolved with a phone call between the attorneys.
A lot of people are apprehensive about high costs and expenses. However, it’s recommended to come in for a one-hour flat fee consultation. That is something where people always walk away feeling better than when they came in. Knowing they have somebody else helping them analyze and work toward a resolution is a major relief.
Do I Need The Attorney Who Helped With My Original Divorce Or Custody Case Or Can I Hire Your Firm?
Everybody always gets to choose who represents them in, and throughout, a divorce or custody case. It sometimes happens that you go through a divorce case and were not satisfied with the counsel. If a modification comes up, you may want to change gears. It’s always your prerogative to do that. Our firm also gets involved in co-counsel situations in which the original attorney in the divorce is not comfortable handling a new issue. It’s always wise to get a second opinion if a person wants to change attorneys. It is not a requirement to stick with the attorney who was handling the case in the beginning.
We always tell our clients that the worst thing they could do is to pick a different attorney every time a new issue comes up. By the time they know it, they would have 10 different attorneys. We have real discussions with our clients about it being okay if we are their second attorney. That is not an issue. It’s important to understand, however, that judges also look at the number of attorneys a person has had. If someone has three or more attorneys, that has the potential to adversely affect them. It may seem as if they will never be happy. As such, the key is to hire somebody you are comfortable working with because if you will need somebody to help guide you through any changes that come up over the years, you don’t want to go through attorneys left and right. Judges will notice that, and it can reflect poorly on you.
If you went through a divorce and weren’t quite satisfied with the representation, it’s essential that you meet an attorney that you can develop a relationship with because if you need a modification down the road, these cases can go on for a number of years. And so, you don’t want to keep switching attorneys. You need to hire somebody you’re comfortable working with and who knows what they’re doing.
For more information on Family Law In Kentucky, an initial consultation is your best step. Get the information and legal answers you are seeking by calling (812) 302-0539 today.
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