Newport Beach Modification of Orders Lawyers Helping Parents in California’s Courts
Can you appeal a family law court verdict after the judgment? This is one of the foremost questions we get from clients who have come to us after an unfavorable spousal support, visitation rights and child custody issue.
The good news is you can actually go back to the court to seek a modification of the order. But, there’s a process involved and one that you need the help of competent attorneys skilled in petitioning the courts for a modification of orders.
If you have received a less than favorable verdict regarding child custody, visitation rights and spousal support, don’t panic. Help is here.
At Sarieh Law, our Newport Beach modification of order attorneys are experienced at handling these types of cases. We’ve worked with many clients in the past to get better agreements and terms from the courts.
Modification of Orders in a Newport Beach Divorce Case
If you haven’t been favored by the judge’s ruling regarding your divorce case, a modification of order petition is in order. However, this works better if you’re able to come to an agreement with your ex-spouse or partner before filing the petition.
The process is usually less complicated and cheaper if this is done before approaching the courts. Once two people appear before the courts with their own agreements in place, their requests for the modification of order in Newport Beach will most likely, be granted.
However, seeing as this may be somewhat difficult, particularly if it’s right after a divorce, you will need to come up with your own valid arguments and reasons for the modifications. If you make a compelling case, it’s possible that the courts could grant your requests.
For example, if your ex-wife won the sole custody of the children, and then took up a dangerous habit like drugs afterwards. You can approach the courts citing danger to the kids and mental incompetence as reasons for requesting the modification.
If the court finds her guilty of these accusations, then it will modify those orders in your favor.
Modification of Spousal and Child Support in Newport Beach, CA
The court takes its time and does its due diligence before awarding spousal and/or child support. So, unless there’s a substantial change in circumstances, the courts will most likely not grant the petition.
But if there’s proof that this has happened, the courts will modify those orders. Scenarios in which this can happen include:
- Significant change in income and lifestyle –e.g. ex-spouse starts living an opulent lifestyle
- The ex-spouse remarries –in this instance, the courts can approve a discontinuation of spousal support
- One parent becomes unable to make legal decisions on behalf of the child
- A parent becomes temporarily or permanently disabled
- A parent becomes terminally ill
- The child’s needs change due to injury, illness, environment etc
Modification of Visitation Rights and Child Custody in Newport Beach, CA
There are two types of custody order:
- Temporary custody orders
- Final custody orders
Even though this is not very common, California’s courts can grant modification of order petitions if there’s a real need for it. This particularly applies to final custody verdicts. Temporary orders are usually put in place and subject to modifications if the circumstances warrant that.
For example, if a parent with sole custody has to travel for work for an extended period, that parent can get a temporary modification of order allowing the other parent sole custody until they come back.
Modification of final custody orders however, will only be approved if there’s evidence of substantial change in circumstances.
You need an experienced modification of order lawyer in Newport Beach to help you navigate these issues. Sarieh Law’s attorneys are uniquely skilled at helping patients with these cases. Call us today on (949) 542-6209 for a free case evaluation.