Post-Divorce Modification Attorneys in Albuquerque

When Can a Court Order Be Modified?

One parent may be experiencing financial troubles after losing their job, or the parent may have received a promotion and a significant raise since the settlement. The child’s changing needs may have necessitated a change in schools or resulted in increased costs that child support no longer covers.

No matter what your reasoning may be, our Albuquerque modification lawyers are dedicated to providing you with the help you need. Our team can help you handle issues relating to:

• Child custody and visitation modifications
• Child support modifications
• Alimony modifications
• Restraining order modifications

Relocation Petitions in Bernalillo County & New Mexico

When the custodial parent wants to move with the child, leaving the non-custodial parent to either see their child less frequently or move with them, it can be a contentious matter indeed. To get permission, the parent must petition the court and convince the judge that the move will be in the child’s best interests.

It can be challenging to get approval for these matters, particularly when the non-custodial parent contests the petition. No matter what side of the situation you find yourself on, having a skilled and passionate representative on your side is a must.

Modifying Restraining Orders

If there is a domestic violence restraining order in place that was issued under the Family Violence Protection Act [NMSA §40-13-1 et seq.], then such an order can be modified or extended in limited circumstances.

An existing domestic violence restraining order may be modified by agreement of the parties or by the judge after a hearing. To be effective, the modification must be in the form of a court order. Keep a copy of the modification order with the original restraining order so the police see both documents if they are called out to enforce the order.

Extending Restraining Orders

Domestic violence restraining orders are only good for a specific period of time that is written on the order. If you believe the abuser still poses a credible threat, then you have to file a motion and request a hearing before the existing order expires. I recommend filing the Motion to Extend about six weeks before the expiration of the current order, to give the court sufficient time to hold the hearing.

Extensions are not automatically granted. The burden is on you to convince the court that you are still in danger, or in reasonably probable danger, and the other side should be required to stay away from you for a longer period of time.