"I routinely handle all types of modification actions and can give you a frank assessment of your chances for success in bringing or defending a Motion to Modify based upon my knowledge and experience." — Columbia, MO Attorney Myia McKenna
Orders concerning custody of children, visitation, child support, and modifiable maintenance obligations are modifiable by a court in proper cases. You have to properly request modification of your judgment if it no longer works for you or is no longer in your child's best interests.
Modification of a family court judgment in Missouri is available when you have met your burden under the law to show that circumstances have changed since your judgment was entered. The legal burden and the evidence you need to prevail on a Motion to Modify is different depending on what you seek to modify. For modification of child custody orders, the standard is different from the standard used by the court in determining the initial custody arrangement.
Sometimes, issues of the court's jurisdiction arise in modification matters. While it is expected that parties will at some point need to modify their judgments and the law allows for this, the burden is on the party that seeks the change, and you will not be successful if you do not demonstrate sufficient evidence to meet your legal burden. You need experienced counsel to analyze modification requests and prepare and present evidence needed to appropriately pursue or to challenge a Motion to Modify. Often, both parties believe there should be a change, but they disagree on what the new judgment should provide.
I routinely handle all types of modification actions and can give you a frank assessment of your chances for success in bringing or defending a Motion to Modify based upon my knowledge and experience. If modification is pursued, I will assist you in every step of the process, which may involve detailed discovery (information gathering), negotiations, and trial to the court when necessary to serve your child's best interests.
If you are in Columbia or elsewhere in Central Missouri, we encourage you to contact McKenna Family Law to speak with us about changes to a family court order.