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Modifications

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Post-Divorce Custody and Support Modifications

Divorce Modifications Lawyer

If it becomes necessary to revisit the terms of your divorce,  our law firm provides the knowledgeable advice and courtroom advocacy to advance your petition or defend your interests. We handle modifications of child custody, child support and alimony.

Custody Modification

You cannot petition for sole custody, additional parenting time or reduction of visitation without justification. Modifying custody requires evidence the other parent is unfit (mental instability or substance abuse), or of endangerment from child abuse or exposure to domestic violence. We represent either party, asserting or challenging the modification. The parenting schedule (overnights, pick-up/drop-off), on the other hand, can be modified by mutual agreement.

Parent Relocation

A custodial parent wishing to relocate outside of Massachusetts must pass the “real advantage test” – providing a sincere and legitimate reason that serves the best interests of the child (higher-paying job, better school, closer to a family support network). We can represent non-custodial parents in challenging relocation, demonstrating to the court that your relationship with your child would be unduly restricted. Even if the court sides with the custodial parent, it often orders trade-offs such as compensation for travel expenses, increased visitation over holidays and summer, or reduced child support.

Child Support and Alimony Modification

The court will increase, decrease or terminate a prior order for financial support to a child or ex-spouse upon evidence of a “material change in circumstances,” such as:

  • The recipient’s remarriage
  • Unanticipated unemployment
  • Promotion/higher-paying job
  • Your retirement
  • Child emancipation
  • Medical disability/mental illness

Speak with us about your modification

To speak with a seasoned divorce modification lawyer who will advocate for you in modification hearings to achieve your goal or make sure that you are treated fairly in an adverse petition, please call our office. We offer evening or weekend appointments by request.

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