Either parent may request in writing that the court modify a legal decision making order. To change an existing order it must be shown that the best interests of the child are not currently being served. The request is filed with the Clerk of the Superior Court and a fee for filing is charged. However, there are limitations on requesting a modification. For example, a request may not be filed for one year from the date of the earlier order, unless there are special circumstances seriously endangering the physical, mental, emotional or moral health of the child. If joint legal decision making has been ordered, a modification may be requested at any time if there is evidence that domestic violence, spousal abuse or child abuse has occurred since the date the last order was granted. However, a parent must wait six months before seeking a modification if the reason for the request is that one parent has failed to obey provisions of the order of the court in a joint legal decision making situation.
Resources:
Child Support Modification Form
Child Support Modification Form Instructions
