Court orders entered at the time of divorce are based on the circumstances at that time, which may change over time. A Fayetteville modifications lawyer can help you seek modifications to custody, visitation, child support, or spousal support when an existing order is no longer equitable or appropriate.
Modification cases are decided based on current conditions, not on past issues. You will need to prove that a substantial and continuing change in circumstances has occurred since entry of the prior order. Bundy Law handles cases involving modification requests, whether you are seeking or opposing them, with sensitivity to financial, parental, and clear practical realities.
A primary area of focus at Bundy Law is post-decree family law, including modifications of custody and support orders. We handle complex modification cases that require significant factual development and presentation.
The Fayetteville family law attorneys at Bundy Law have substantial experience in high-asset and contested family law cases and possess advanced professional designations, including membership in the International Academy of Family Lawyers and the American Academy of Matrimonial Lawyers.
A modification is an option when an order no longer fits the family’s daily life. Parents in Fayetteville commonly request changes to the parenting schedule, decision-making, or financial aspects of their order to better align with their current situation. Modification cases are about current conditions and practical needs, not past disagreements.
Detailing what has changed and why the order is no longer working are key parts of modification cases. A respectful and practical approach can help prevent unnecessary conflict while making changes that are in the best interest of parents and children in all types of changing family situations.
Not all modification matters arise from divorce. Child custody, parenting time, and child support orders issued in paternity matters, prior orders, and agreed parenting plans are also subject to modification as life changes. In fact, modifications are commonly encountered in Fayetteville due to employment changes, school schedule changes, and care-sharing transitions.
The focus of analysis in all modification matters is whether the existing order continues to function as intended. Modification of non-divorce orders requires an analysis of both the order being sought to be modified and the material changes in fact that have occurred since its entry.
Some modification requests occur without any significant change that would justify the disruption caused. Understanding why family law orders favor stability is key to formulating an appropriate strategic response. Family courts focus on continuity for children and predictability for parents, absent a persuasive justification for significant change.
Fayetteville parents who receive a modification request that would alter the parenting schedule, increase financial responsibility, or decrease parenting time may need to prepare to defend against an unjustified change. The defense may involve presenting the history of the order, present compliance, and the absence of a material change.
Addressing requests that are not supported early on can help to narrow the conflict and maintain the status quo while weighing the long-term stability of the family against the day-to-day practicalities for all parties involved in parenting across the divide.
Requests to modify a post order are quite common when family situations change. The Centers for Disease Control and Prevention estimates that the U.S. divorce rate is about 2.4 divorces per 1,000 people.
The divorce rate in Arkansas is slightly higher at around 3.0 divorces per 1,000 people. Divorce rates and post-decree litigation often go hand in hand as increased modifications of custody, support, or parenting schedule as circumstances change.
Yes, parenting plans can be modified without changing legal custody. This could include changes to exchange times, the holiday schedule, or communication provisions, while maintaining the same overall custody arrangement.
Requests that do not seek to alter the fundamental legal custodial structure, but rather address specific logistical or practical issues. Whether a partial modification is granted would depend on the specific circumstances and nature of the requested changes.
Modification requests in Fayetteville are common when a child’s school schedule changes. This could include transitions between different schools within the Fayetteville School District, such as elementary to middle school, or middle to high school.
The modification may need to address changes in school start times, extracurricular activities, or transportation logistics. Addressing these issues through a formal modification can help ensure that parenting schedules remain practical and minimize ongoing conflict as children’s educational and developmental needs evolve.
Changes in employment are among the most frequent reasons parents return to existing orders. In the United States, the median employee tenure is 4.1 years. This means that over the course of their working lives, most employees will experience a job change, a promotion, or another change in income.
Employment changes can affect parenting schedules, travel availability, or financial obligations, and parents may wish to modify an existing order if it no longer fits their circumstances.
Changes in family situations can impact daily routines, current finances, and future planning. Modification issues are often matters where shifting family circumstances and supporting evidence are closely evaluated. Bundy Law handles modification cases in Fayetteville with an approach informed by experience in a variety of post-order family law matters.
Our firm is familiar with how such requests are generally viewed in the Washington County Circuit Court, and can use this experience to strategically and practically prepare for your case. When family law matters such as custody, parenting time, or support need to be modified, working with an attorney experienced in this area of the local court system can help ensure your position is effectively communicated.
Set up a consultation to hire a modifications lawyer and discuss whether a modification is warranted and the process to follow.