Family Law Frequently Asked Questions
With some knowledge and proper planning regarding the types of common issues that are found in a typical divorce or other family law matter, you can provide yourself peace of mind and avoid common pitfalls. The articles in our blog are designed to help you understand the process and prepare for your court case.
Due to the complex nature of family law cases, the information provided here should not be construed as legal advice in your case.
Do I Need a Lawyer?
Divorce is a major life event that will affect your life and the life of your family. It is highly recommended that you speak with an experienced family law attorney prior to making any decisions or moving forward with your divorce.
By sitting down and discussing your situation with an experienced family law attorney, you will be better prepared for the process of divorce. It may help you to decide when and if you should file for divorce. Bottom line, by speaking with an experience attorney prior to proceeding, you will be able to obtain the information you need and answer any questions before taking any steps that can have a lasting impact on your relationship with your children or your finances.
You have many issues to be addressed in a divorce such as finances, custody, property division, spousal support, etc. When contemplating divorce or other court action, you should consult with an attorney as soon as possible. The decisions you make in the course of your divorce will affect your life for many years to come. An attorney can provide you with information specific to your situation and can help you understand the many changes you are about to encounter.
To discuss your situation or upcoming divorce case, please contact The Law Office of Donna Person Smith, PLLC.
How do I change my parenting plan?
In order to change your parenting plan, you first must file a petition to modify the parenting plan. This form can typically be found on the court website. It is probably easiest if you file a petition in the county where the parenting plan was originally entered. You can file the petition in a different county if you live in that county, the other party lives in that county, or the children live in that county.
In your petition, you’ll be stating if you want a minor change or major change to the parenting plan. In the petition you can also state whether you want changes to child support, dispute resolution, decision making, and transportation arrangements. You may also make a request for a restraining order in your petition.
You’ll also need to file a motion document called a motion for adequate cause. In this motion, you may want to list your reasons for why you believe that you have a legal basis for the parenting plan to be changed. You can also type out a separate declaration and attach it to your motion.
Once you have filed the summons, petition, and motion, you need to serve all of your documents that you have filed on the other party by way of personal service. Personal service means that you have a person over the age of 18 (not you) physically hand the documents to the other party.
You will also want to set a hearing where the court can hear your motion. The hearing document needs to also be served on the other party. If the court does not find adequate cause at that hearing, the case will be dismissed. If the court finds that there is adequate cause, then the court typically set a temporary parenting plan. It’s up to the parties to then either negotiate, mediate, or have a trial to determine the new final parenting plan.
Please contact our office today so that we can help you change your parenting plan.