If you are looking to modify a child support agreement that has already been established or wish to enforce a court order to where you begin receiving support, you will need to file a motion or a petition. In order to get this process going, you are going to need to pick up the required forms from your local clerk’s office and they may be able to help explain what information is going to be needed so you can fill out the form efficiently. Once your motion or petition is filed with the court, there are certain things that might arise before it is accepted or denied.
Some things our child custody attorneys in Vermont believe are important to be aware of include:
- While some motions may require a hearing, others can be decided on by a Judge or Magistrate without conducting a hearing according to Vermont’s Judiciary site.
- Once you file your motion with your local court, it is your duty to send copies to the other involved parties and their child custody lawyer. You could also be required to send copies to the Office of Child Support that is involved.
- If your motion isn’t an emergency but you are in the middle of a divorce that hasn’t been finalized just yet, the other party has 15 days to respond to the Motion you filed.
- If the other party objects to the Motion, they must put their objection in writing. The same would to you if you received a Motion and didn’t agree with the terms of it.
Once a Judge or Magistrate receives the Motion and the Objection if there is any, they will then make the decision and supply a copy of the Order to both parties or their Vermont child custody attorneys. This applies only when a court hearing is not required.
What if a court hearing is required in my case?
A Notice of Hearing will be issued to all the involved parties and then the Court shall issue an order based on the information received prior either at the hearing, in writing, or after the hearing.
What type of situation would prompt me to file a Motion to modify my child custody agreement?
Each day your child grows, excels, and changes. You might get a new job, they may attend a new school, or the parenting agreement you have put into place might not be in the best interest of your child anymore. Perhaps their other parent isn’t providing them with the necessities they need and you feel the time being spent with them is harmful to your child.
There are various reasons why a parent might file a motion and it is primarily related to how circumstances change as your child grows and develops. Maybe you and your ex have found that the original parenting plan you both devised isn’t working as well as you had hoped. For this reason, you do have the right to file this motion for modification.
If you wish to learn more about how you can do this or would like a skilled child custody lawyer in Vermont to assist you, go ahead and give us a call today. USAttorneys.com offers free assistance for those in search of a child custody legal representative in their city and only connect you with the best.