Attorney in Hancock and Harrison Counties Guiding You in the Modification Process
- Modification of Child Custody – Typically, a noncustodial parent seeking to modify custody must satisfy a two-part test to be successful in a custody modification action. First, the parent must prove that:
- a “material change of circumstances” has occurred in the home of the custodial parent that “adversely affects the child”. Once this standard is met, the parent seeking modification must then demonstrate that:
- a change in custody is in the “best interests of the child”, as determined by application of the Albright factors discussed in the page on child custody
Both standards must be satisfied before a court will determine a change of custody appropriate under Mississippi law.
- Modification of Visitation – To modify the visitation provisions of an order, a petitioner must show that “the current visitation order is not working and that a modification of visitation is in the best interests of the child.” This standard is more easily met than the standard in custody modifications because it is not necessary to prove material change/adverse affect.
- Modification of Child Support – Child Support may be increased or decreased when the payor’s ability to pay or the child’s need for support changes. A parent seeking to modify child support must show a “substantial and material change” in the circumstances of the child or parents since the decree awarding support. In determining whether a material change has occurred, courts in Mississippi consider:
- increased needs of older child;
- increase in expenses;
- child’s health and special medical needs;
- parties’ relative financial condition and earning capacity;
- health and special needs of the parents;
- payor’s necessary living expenses;
- parties tax liability;
- one party’s free use of residence, furnishings or automobile;
- any other relevant facts or circumstances.
In these cases, we will thoroughly review the facts and provide aggressive representation in an effort to achieve your desired result. Please call the Law Office of R.L. “Ed” Edwards at 228.342.8128 for your free consultation.