"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 STATE 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 Can You Find 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 presently live, a divorce decree might be customized on specific conditions. Typically, the court has the sole discernment whether your request qualities an approval or not. When you want to overturn a divorce decree, you should provide engaging proof that there is a significant change in your situation. So what are these changes that the court wants 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. Way of life Adjustments - If you are a custodial parent, you could request for modification if your way of life could obstruct of your parental obligations. Your situation could need you to transfer to another area where it will not be helpful to the welfare of your children. If this is the case, the court might give the request as long as considerable 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 many cases, the request for adjustment is done for the sake of the children. If you have minors, your request could just be limited to the following facets of the decree. Child Visitation Child Support Child Custody Exceptional Circumstances The court may not allow you to modify the divorce decree if you have consistently shown a lack of parental supervision. In other words, if you have not satisfactorily fulfilled your responsibilities as a parent during the waiting period, your request may not be honored by the court. In addition, the request will not be approved if the other party can present proof of evidence that there is inequity and fraud on your part. Talk to divorce or family attorney for expert advice. Your lawyer can clearly explain the entire process as well as the ramifications of state laws on your divorce. Cory Wall is a partner at Wall & Wall Attorneys At Law PC. He and the other attorneys at Wall & Wall strive to provide a fair and positive outcome for all of their clients. For more information, please visit http://walllegalsolutions.com/
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