By Whitney R. Lonker, Wood, Atter & Wolf, P.A.
When there are young children involved in a dissolution action, the case usually has many post dissolution issues that arise as the children get older and new conflicts are created. One issue that continually appears is that the child decides the he/she would rather live with the other parent. To be able to bring a modification of a final judgment in a family law matter, the Courts require a substantial change in circumstances in order for a party to have the ability to bring the action. Many times the party attempting the modification relies on the fact that the child wants the change and that it is, therefore, in the child’s best interests. However, without having a substantial change in circumstances, the requested change in custody should fail. If the child wants the change and that desire is coupled by the fact that the child was too young to express a preference in the initial divorce proceeding, then that alone is considered a substantial change in circumstances. If you have questions regarding divorce or post divorce issues, please call me at 904-355-8888.