A petition to modify asks the court to change an existing family law order based on a showing that the applicable legal standard for modification has been met. Different types of orders have different modification standards.
Child support modification requires showing a substantial and continuing change in circumstances. Parenting time modification requires a substantial and continuing change in circumstances that serves the child's best interests. Legal decision making modification requires a substantial and continuing change in circumstances plus findings of either danger to the child or agreement by the parents.
Modification petitions are generally not retroactive. The modification takes effect from the date the petition is filed at the earliest. Do not delay filing when circumstances have genuinely changed.
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