Child custody and child visitation orders can be modified in certain situations in the State of Missouri. These types of orders are typically issued by a court when two parents had a child but have legally separated, got a divorce, or are no longer in a relationship.
The parents of a child can ask for a modification or a change to their existing custody or visitation order for numerous reasons, such as:
- One of the parents would like to move to another state
- One parent believes the child may be in danger
- A custodial parent dies
- A custodial parent is incarcerated
- A parent is not following the requirements of the order
In Missouri, as in other states, custody and visitation orders can be modified if they no longer work for the parents who are involved or if the parties cannot follow the terms anymore. When one of the parents has a valid reason to make a modification request, they can follow the Missouri requirements for petitioning the proper court.
To get more information on how to request a modification of a child visitation or custody order in Missouri, it can be helpful to have a legal consultation with a local attorney in Missouri.
When Can You Modify a Custody or Visitation Order?
An order for child custody or visitation can be modified when a parent has legal grounds to request a modification. Examples of common grounds for requesting a modification include changes in the needs of the child or the parent’s job situations. All courts, including Missouri courts, have to use the child’s best interest standard when making any child custody decisions, including modifications to child visitation or custody orders.
If a parent is not following the terms of the order
Custody and visitation orders may also be modified if one of the parents does not follow the order’s requirements, such as not appearing for their scheduled visits. If a parent does not attend or complete their scheduled visitations, the court may determine that it is no longer in the child’s best interests for that parent to have visitation rights with the child.
Child abuse
Another important ground that may be used to request a modification of a visitation or custody order includes child abuse. A court will consider child abuse situations to be very serious as well as an immediate danger to the well-being of the child.
Recovery from an issue
Modifications may also be made if parents can show that they have recovered from an issue, such as substance abuse. Once a parent has recovered from their issue, they may want to have more time with their child and be more involved in their life.
Parents can ask a court for a modification of their order and present evidence that they have completed a successful recovery. A parent may complete a program and earn a certification that allows them to obtain increased rights.
How to File a Petition for Modification of Child Custody or Visitation Order
If a parent wants to modify their current custody or visitation order, they will need to file a petition in the proper court. When petitioning a court for an order modification, a parent will likely need to provide the following:
- Both of the parent’s names and contact information
- A copy of the parent’s current custody or visitation order
- Information about the grounds for the modification request
- The modifications that are being requested for the current custody or visitation order
In the majority of situations, the parent who is making the modification request will be required to pay a filing fee, the amount of which may vary by jurisdiction. A court may also require other forms to be submitted along with the modification request.
Due to the potential differences in court requirements, a parent should consult with an attorney to make sure their request is properly submitted. After the court receives the modification request, there will likely be a hearing where the parents can submit evidence and present their arguments for and against the modification.
Following this hearing, the request for modification will be granted, denied, or will be ordered in another way that the court determines is in the best interests of the child.
Will Parents Have To Attend Mediation?
In some cases, the parents will decide on their own, or the court will order the parties to attend family mediation to help them reach an agreement that serves their needs. Family mediation is a process of negotiation that happens outside of the courtroom.
This negotiation is led by a mediator or neutral third party, who will facilitate the discussion between the parents that will help them compromise on as many issues as possible. When parents are able to reach an agreement using this process, their lawyer will put the terms into writing and submit them to the court for approval.
How Long Does It Take To Get a Modification?
How long it will take to get a modification of a custody or visitation order depends on numerous different factors. Usually, on average, it takes anywhere between several weeks to several months for the modification to be finalized.
The length of time it can take to get child custody modifications can be affected by many different factors, including, but not limited to:
- If the child’s parents can cooperate and resolve issues together quickly
- How complicated the changes that are being requested are, as more complex requests may require more time and evidence to evaluate
- The court’s calendar, as well as when the hearing can be scheduled
What Are Temporary Child Custody Modifications?
Some modifications that are made to custody or visitation orders are on a temporary basis that only last for a short time or a specific time period. A short-term modification can help parties deal with temporary issues that may come up in families, including:
- Incarceration of a parent
- A parent getting a new job or job schedule
- Financial difficulties
- A parent being deployed in the military
- One parent having a health issue
- Health or safety concerns involving the child
Often, an event or date will be included in the short-term modification that states when the original terms will go back into effect. In cases involving child abuse allegations, a temporary order may be used to temporarily remove a child from a home so the allegations can be resolved.
Do I Need a Lawyer To Modify a Child Custody or Visitation Order?
If you are a Missouri parent who needs to request a modification of your current visitation or custody order, you should have a consultation with a Missouri child custody lawyer. Your attorney can assist you throughout the modification process, which will include drafting and submitting it to the court while protecting your parental rights.
LegalMatch’s lawyer matching service can provide you with free access to contact information of lawyers near you who can file your modification request as well as represent you during any hearings, negotiations, or mediation. Just submit your question on the LegalMatch website, and in about 24 hours, you will receive messages from lawyers in your area who handle custody issues and are ready to help you.
