The family court system offers a unique legal mechanism for changing the terms of a standing family court order. When it comes to most civil and criminal cases, the ruling of the case is typically set in stone, and the only option one has to contest the outcome of their case would be a very difficult appeals process with a low probability of success. Many people conflate modifications in family law with appeals, but the reality is these are very different legal mechanisms.
An appeal seeks to overturn a court’s judgment based on failures of the legal system, whereas a modification seeks reasonable changes to a standing family court order in light of recent events. Appellate court has very strict rules and the success of an appeal largely hinges on the quality of the appellate brief. Modifications are far more flexible. If you have a divorce order, child custody order, or any other family court order and experience an unexpected change in your circumstances, the modification process can allow you to address these changes effectively and ensure more tenable terms and conditions.
Attorney Erica Lord and her team at the Erica Lord Law Group offer comprehensive legal counsel to clients in Charleston, WV who need to file petitions for modification. We understand that if recent life events beyond your control have made it impossible for you to abide by the terms of your family court order you may feel uncertain and desperate, fearing potential penalties stemming from issues that are not your fault. Our team can help you complete the modification process quickly and effectively, securing the reasonable changes you need that accurately reflect your new circumstances.
It is technically possible to file a petition for modification of your family court order without a lawyer, but the process can be far more challenging than you might expect. Working with an experienced Charleston modifications lawyer will streamline your modification proceedings significantly. Your attorney can help you determine which changes would be most appropriate to reflect the recent life events that have prompted you to seek a modification. You can also rely on your legal team to prepare you for the family court hearing your modification petition will require.
Attorney Erica Lord offers client-focused legal counsel in every case accepted by the Erica Lord Law Group. Our team will carefully review the details of your situation and help you draft your petition for modification to the best of our ability, ensuring the court recognizes the need for your desired change.
The family court order modification process is relatively straightforward. The party in need of modification drafts a petition outlining their desired changes and an explanation as to why these changes are necessary. Some of the most commonly cited reasons for modification petitions include:
Your Charleston modifications attorney can help you draft a compelling petition for modification that includes all supporting evidence and documentation you may need to submit to bolster your position. Once the court receives your petition a hearing will be scheduled, and the other parties involved in your family court order will be notified of their right to contest the petition.
Depending on the nature of your requested change, it’s possible that your ex may not argue against your petition at all, or they may offer a significant counterargument that you and your legal team will need to repel. The initial hearing will provide you and the other party the chance to speak on the issue. Most modification petitions can be resolved in one hearing, but some more contentious cases may require a series of hearings. Once the judge has made their decision, they will typically implement the requested changes with immediate effect.
Finding the right attorney to help you with your petition for modification can make a tremendous difference in the outcome of your modification proceedings. Your legal team can help you identify the areas of your standing family court order most affected by the recent changes in your life that you intend to address, sometimes revealing room for changes you may not have considered on your own.
Attorney Erica Lord has extensive experience handling difficult family law matters, including modification petitions. While you may have reservations as to how your ex will respond to your petition, we can help you make a compelling argument that leaves little room for debate. As long as your petition is reasonable and backed by factual evidence, we believe you should have minimal difficulty securing the changes you need.
If you have recently lost your job, suffered an injury, or have experienced any other major life event that has influenced your standing family court order in any way, a petition for modification may be the best option for resolving the situation. If you are ready to discuss your case with a Charleston modifications lawyer, contact the Erica Lord Law Group today to schedule a consultation with our team.