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Motion To Modify Temporary Orders Without Oral Hearing In Massachusetts
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To modify the order, you must show the judge there is an issue that cannot wait to be resolved at trial. These matters include such issues as child endangerment or a parent violating the terms of the order. To modify temporary custody orders, you will need to include your reasoning for filing a motion to modify.
Motion to Modify By filing this motion, you are asking the court to change something in your final order. You must be able to show that there has been a "substantial change in circumstances" since the last court order.
In general, to obtain a modification through a complaint for modification, a person must prove to the court that a material change in circumstances has occurred since the last judgment was issued, and the change makes a modification of the orders necessary.
Temporary orders can become permanent custody arrangements after the couple's divorce is finalized. In some cases, this may not truly be in the children's best interest.
To modify the order, you must show the judge there is an issue that cannot wait to be resolved at trial. These matters include such issues as child endangerment or a parent violating the terms of the order. To modify temporary custody orders, you will need to include your reasoning for filing a motion to modify.
If you want to change a temporary custody order, you'll have to file a motion, write an affidavit (written statement), and collect other affidavits from professionals, neighbors, friends, and family members who support your motion.
If you file a motion to change a temporary custody order, the judge may schedule a hearing to gather facts and information from all the witnesses. The court may, alternatively, choose to make a decision based on the affidavits and other paperwork you and the other parent submit.
Mothers historically have won more custody battles due to traditional roles and perceptions of mothers as the primary caregivers. However, this trend is changing as courts increasingly focus on the best interests of the child, considering many factors beyond traditional roles.