This will be a discussion of the procedural steps to modification and will be divided into two parts since the process can be very lengthy. This is the second part of the procedure and focuses on what can happen once a mediation has been filed. Refer to last weeks article for other matters including the forms applicable to a modification.
Although it is my intention is to make it general but will be focused on FL law, since that is where my expertise lies. It will go into several steps and the standards required by the FL court and generally for other states. Remember that this is not to substitute as legal advice but should only be a guide to the legal process. Should you have specific questions or want to know what applies to you, contact a legal professional in your area that is familiar with your jurisdiction.
Modification is a court action where you want to change an existing family court order due to some change since the court originally entered the custody order, divorce decree or final judgment in your divorce or custody. Most states require that in order to modify the original final judgment that there be a "significant" change since the entry of the final judgment. The following is a brief description of the requirements of what is needed to modify a decree, in order. This is assuming that you are filing in the court in which the original petition was filed:
1. Completion of the forms.*
2. Make copies of related documents and all forms competed in step 1. Make 3 copies. One for your records, one to be served and the last for the court. All must be copies of the originals. Copy signatures and notary stamp to have exact duplicates.
3. File originals with Court. This requires that copies be taken to the court that has jurisdiction over your proceeding. This can be the family division of the circuit court, the domestic relations or whatever court clerk's office that would hear cases of divorce, adoption, and paternity. Make sure that the court marks all copies and receives one for its files. There is a filing fee associated with this filing unless you can prove your indigence.
4. Deliver and have served the original documents on the other person. Take or mail the copy to the sheriff or agency that delivers subpoenas in the county where the person being served lives. Usually there are outposts in the courthouse. The police charge a minimal fee for the service.
