Modifying Child Custody or Support Orders in Massachusetts

As a divorce lawyer, I often receive questions from clients about modifying child custody or support orders in Massachusetts. It is important to understand that these orders are not set in stone and can be modified if there is a significant change in circumstances. In this article, I will provide a step-by-step guide on how to modify child custody or support orders in Massachusetts.

Step 1: Determine if a Modification is Necessary

The first step in modifying child custody or support orders is to determine if a modification is necessary. A modification may be necessary if there has been a significant change in circumstances since the original order was issued. Examples of significant changes in circumstances include:

• A change in income for either parent
• A change in the child's needs or living situation
• A change in the child's medical needs
• A change in the child's school or extracurricular activities
• A change in the parent's work schedule or living situation

If any of these changes have occurred, it may be necessary to modify the child custody or support order.

Step 2: File a Complaint for Modification

If a modification is necessary, the next step is to file a Complaint for Modification with the court that issued the original order. The Complaint for Modification should include the following information:

• The name and address of the parties involved
• The date of the original order
• The specific changes being requested
• The reasons for the requested changes
• Any supporting documentation, such as financial statements or medical records

Once the Complaint for Modification is filed, the court will schedule a hearing to review the request.

Step 3: Attend the Hearing

At the hearing, both parties will have the opportunity to present their case to the judge. It is important to bring any relevant documentation, such as financial statements or medical records, to support your case. The judge will consider all of the evidence presented and make a decision on whether to modify the child custody or support order.

Step 4: Receive the Court's Decision

After the hearing, the court will issue a decision on whether to modify the child custody or support order. If the court approves the modification, a new order will be issued. If the court denies the modification, the original order will remain in effect.

Conclusion

Modifying child custody or support orders in Massachusetts can be a complex process, but it is important to understand that these orders are not set in stone. If there has been a significant change in circumstances since the original order was issued, it may be necessary to modify the order. By following the steps outlined in this article, you can ensure that you are taking the necessary steps to modify the child custody or support order. Remember to always consult with a qualified divorce lawyer to ensure that your rights are protected throughout the process.