Modification of Physical Placement Orders
If you have a court order regarding physical placement of your minor child this order can be modified. The parties can agree or stipulate to a modification of placement at any time.
If there is not an agreement there may be limitations on when a physical placement order can be modified. If the order you are seeking to modify is an order within 2 years of the final judgment the party seeking modification must show that the current placement arrangement is physically or emotionally harmful to the minor child. The court can also modify a final order within two years if the parties have substantially equal physical placement rights and it is impractical for the parties to continue to have substantially equal placement.
The court may alter a physical placement order 2 or more years after a final order. The party seeking modification must show that the modification you are seeking is in the best interest of the child and there has been a substantial change of circumstances since the entry of the last order affecting physical placement.
If you have questions regarding physical placement of your child or modifying the physical placement of your child contact one to the experienced family law attorneys at Lawton & Cates.