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Afraid of Going Back to Court for a Modification Order?


The other parent keeps threatening to take me back to Court, what can I do to minimize or prevent this from happening?

Often times I have clients provide with a mediation agreement or an Order After Hearing telling me they thought the case was done and that the orders they had were permanent orders. This is not the case. In fact, these initial orders are referred to as temporary orders that are readily modifiable on a "best interest of the child standard". This "best interest standard" involves a lot if judicial discretion and can involve matters such as a child's preference or variations in a parent's work schedule. To get a final order, the Court must enter a Judgment of Divorce or Paternity. This Judgment may result from either an agreement of the parties that is condensed into a "written" Judgement that is submitted to the Court and signed by the judicial officer. Alternatively, if the parties do not reach an agreement, they proceed to trial where the Court makes an order based on the evidence that is then put into a "written" judgment by the party the Court designates as the responsible party. Regardless of how you obtain a Judgment, a Judgment is ONLY modified by a showing of a "Substantial Change" in circumstances. This is certainly the goal you will need to conclude your case and minimize the chances of the other parent taking you back to Court and successfully modifying the order. If you need help obtaining a Judgment for custody, contact the experienced Covina attorney of the Law Offices of Paul Eads today.

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