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Blog Posts in August, 2017

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  • My case was in dependency court, but it is now concluded. Can I modify my parenting plan in family court?
    My case was in dependency court, but it is now concluded. Can I modify my parenting plan in family court?

    Yes, once your case is concluded in dependency court, you will be provided with an "exit order" which is treated the same way as a judgment from family court. You must still meet the criteria of a ...

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  • A judgment was entered by default as I did not file a response to the action and the other parent and I agreed at the time. Can I modify the default judgment?
    A judgment was entered by default as I did not file a response to the action and the other parent and I agreed at the time. Can I modify the default judgment?

    Yes, a parent may modify a default judgment regardless of whether they filed a response or otherwise participated in the case. The same rules of a substantial change of circumstances is required. ...

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  • I am in the military and I am required to relocate periodically or even be deployed for periods of time, what are my custodial rights?
    I am in the military and I am required to relocate periodically or even be deployed for periods of time, what are my custodial rights?

    A parent's absence, relocation or failure to comply with custody or visitation orders shall not by itself be sufficient to modify a custody or visitation order if due to the parent's activation to ...

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  • What does "Ex Parte" mean and what should I do if I was given Ex Parte notice?
    What does "Ex Parte" mean and what should I do if I was given Ex Parte notice?

    An Ex Parte is an emergency that needs the court's attention right away. The criteria used by the court is an imminent threat of physical harm to the children that requires immediate action by the ...

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  • If the other parent and I have approximately the same parenting time, does the changed circumstances doctrine still apply to modify a final order?
    If the other parent and I have approximately the same parenting time, does the changed circumstances doctrine still apply to modify a final order?

    That is, if we have approximately equal time, must I show a substantial change in circumstance to modify my permanent order? No, the requirement to show a substantial change in circumstances does not ...

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