To modify an existing custody or visitation order, the party asking for the modification must prove that a material change in circumstances has occurred since the entry of the last order or decree. If a material change is shown, the court will then examine the facts and circumstances of the case and determine if modification of the order or decree is in the best interests of the children. When one party seeks to modify an existing order or decree, the opposing party may file a cross-claim for modification, if there are facts or circumstances to support such a cross-claim.
Examples of changes that lead to actions to modify include:
- A parent’s work schedule changes, and an adjustment in the parenting time schedule is needed to allow the parent to continue to have substantial time with the child;
- The child’s development involves changes that make it in the child’s best interests that the child spend more time with one parent than what the existing decree or order provides;
- The child has reached a sufficient age to express a preference as to his or her living arrangements, which the court will take into consideration;
- One or both of the parents’ incomes changes to an extent that a change in child support is appropriate;
- One of the parents moves out of state, requiring changes in custody or changes in visitation schedules;
- The parent with primary custody wants to move out of state with the child, and the other parent objects to such removal of the child; or
- The circumstances of an ex-spouse change in such a way as to require a change in alimony or spousal support.
It is best to try and resolve these types of modification issues through mediation and negotiation. However, the Law Office of David Riley is fully prepared to litigate if necessary.
The Law Office of David Riley is available to answer clients’ questions and answer important legal concerns. To schedule an initial consultation with David please call (402) 991-5486. You may also email now to request an appointment.
A Note on Legal Representation
This article is not a substitute for legal advice from your attorney. It is only a short overview of Nebraska law for your convenience.