Kansas City, Missouri Attorney for Modification of Decrees
Modification of Decrees: Changes to Missouri Divorce and Child Custody
After the entry of a decree of dissolution of marriage (divorce), a custody order, or child support order, from time to time the need may arise for certain terms of those orders to be formally modified by the court. One party can ask the court to change the order, or the parties can enter into an agreement to the modification of decrees.
In Missouri, child custody orders (unless designated "nonmodifiable") can always be modified if certain requirements are met. Any agreement involving custody, or visitation, must be found to be in the best interests of the child. Other terms, such as property divisions, debt divisions, attorney fee awards, and awards of no spousal support, are final and cannot be modified.
Below is general information regarding modification proceedings in Missouri. Modification cases are often the most complicated types of family cases, and careful consideration and planning should be done before filing any modification case in Missouri. We encourage you to contact Kansas City family law attorney Mark A. Wortman if you are considering seeking modification of a court decree.
Child Custody Modifications
Missouri child custody orders are always modifiable, even if the order states that it is not modifiable. A child custody modification is an action seeking to change the primary residence of the child. In order to modify a child custody order, 4 requirements must be met:
- The court must have UCCJEA jurisdiction
- There must be a continuing and substantial change in circumstances to warrant a modification
- The changes that have occurred must make the prior order unreasonable
- It must be in the best interest of the child that a modification occurs
If the above requirements are satisfied, then Missouri courts will look at several additional factors to determine whether the modification should be granted. No single factor listed below is necessarily sufficient to modify a custody order, unless that factor affects the best interest of the child. Those factors include, but are not limited to, the following:
- The best interest and welfare of the child is the dominant factor
- Preference of the child (assuming the child is of sufficient age)
- Moral fitness of the parents
- Remarriage of a parent
- Deprivation of noncustodial parent's visitation rights
- Alienation of child's affections or respect
- Failure to comply with relocation requirements
Modifications of Visitation
Parenting time, or visitation, is always modifiable in Missouri. This type of action seeks to only change the schedule that the non-custodial parent has with the child, or other parenting plan issues that do not involve a switch of primary residence. The burden of proof for this type of action is that the modification must be in the best interests of the child. A change in circumstances does not have to be shown as in a child custody modification.
Property Division, Retirement Account Division, Debt Division, and Attorney Fee Orders
Missouri court orders for the division of property, including retirement accounts, division of debts, and attorney fee awards are final and cannot be modified.
Consult with an Experienced Lawyer on Changes to Divorce and Child Custody
To speak with an attorney about modification of decrees orders in your family law case, call Mark at 816-523-6100, send an email to firstname.lastname@example.org, or contact experienced Kansas City family law attorney Mark A. Wortman online.