child custody modification
In order to file a motion to change to the current parenting plan or child support, the party requesting the change must demonstrate to the court that there is a material and substantial change in circumstances that would warrant the change to the current schedule. Events that would warrant modifying the parenting plan or child support would include either party moving, either party changing jobs or their wages increasing or decreasing substantially, and either party being convicted or a major crime or becoming incarcerated. Those events are simply illustrations that demonstrate certain situations that would meet the material and substantial change in circumstances requirement. There are many other situations that would meet the requirement to change the parenting plan.
When considering what to change the parenting plan to, the court looks at the same facts it does when it makes the initial custody determination. Said factors include:
- The wishes of the child's parent or parents as to his or her custody;
- The wishes of the child as to his or her custodian;
- The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings;
- The child's adjustment to his or her home, school, and community;
- The character and circumstances of all individuals involved;
- The need to promote continuity and stability in the life of the child; and
- Domestic violence, whether or not in the presence of the child.
However, in most situations, the court will not consider factors that were present and were, or should have been, considered in the initial child custody determination.
If you are considering changing the existing parenting plan, child support, or the other party has filed a motion to change the parenting plan, contact Boise Divorce Lawyer to discuss your options.