"Parental rights are strictly basic," according to University of Utah School of Law.
Nonetheless, these rights are still subject to examination particularly when both moms and dads choose to declare separation.
The UNITED STATES Supreme Court likewise values parental rights.
In truth, even after the divorce, the court expects both parents to presume physical and/or joint custody.
However what if the kids' well-being is at stake? Can a parent request for a modification of a divorce decree? What Information Is In A Divorce Decree? When the court makes the final decision to terminate your marriage, you will be issued a divorce decree.
This document certifies that your union is legally terminated.
In most instances, a divorce decree contains various legal issues that you need to deal with after the divorce is granted.
Here's what you should expect from a divorce decree.
Division of Property Alimony Child Support Child Visitation Child Custody Significant Change of Circumstances Depending on which state you currently live, a divorce decree may be modified on certain conditions.
Usually, the court has the sole discretion whether your request merits an approval or not.
When you want to overturn a divorce decree, you need to provide compelling evidence that there is a significant change in your situation.
So exactly what are these changes that the court desires you to prove? Growth of the Children - If you a file for a divorce while the children are still very young, you should strictly follow what is stated in the decree.
However, children eventually become older and this change can significantly affect the amount of financial support that you must provide.
Lifestyle Adjustments - If you are a custodial parent, you may request for modification if your lifestyle could get in the way of your parental responsibilities.
Your situation may require you to relocate to another area where it will not be conducive to the welfare of your children.
If this is the case, the court may grant the request as long as substantial evidence is presented.
NOTE: You should not file your request within six months after the divorce is granted.
The court may not take your side especially if you cannot present a solid and compelling reason for your request.
In some states, you are required to submit more evidence when the request is filed within six months to one year of your divorce.
You may need to consult a family attorney to help you understand the pros and cons of your request.
Common Scenarios In most cases, the request for modification is done for the sake of the children.
If you have minors, your request may only be limited to the following aspects of the decree.
Child Visitation Child Support Child Custody Exceptional Circumstances The court could not permit you to customize the divorce decree if you have actually regularly revealed an absence of parental guidance.
Simply puts, if you have not adequately met your responsibilities as a moms and dad throughout the waiting duration, your request could not be recognized by the court.
In addition, the request will not be approved if the other party can present proof of proof that there is inequity and fraud on your part.
Speak with separation or family lawyer for expert insight.
Your legal representative can clearly describe the whole process along with the implications of state laws on your separation.