In Need of a Visitation Modification Lawyer in Myrtle Beach, South Carolina?
At the David W. Martin Law Group, our Myrtle Beach child custody attorneys know that modifying visitation arrangements in South Carolina may become necessary when there is a substantial change in circumstances, and it is in the child’s best interests.
Common reasons include changes in a parent’s work schedule, relocation, health issues, or concerns about the child’s safety.
Our Horry County visitation modification attorneys know these changes impact previously decided visitation schedules and arrangements established in all types of custody agreements, including those made privately by the parents, in mediation, or as a court-ordered visitation or custody agreement.
If one parent seeks a modification and can demonstrate a substantial change in circumstances, they can petition the court for a visitation modification. In most cases, this modification is a contentious request, which can impact both parents and their kids’ well-being during the legal process. Our skilled family law attorneys can help streamline legal proceedings so everyone can regain control of their lives with the least resistance.
Here is what South Carolina parents need to know about the visitation modification process.
How Do I Request a Visitation Modification in South Carolina?
To request a visitation modification in South Carolina, you must follow the appropriate legal procedures through the family court. For that reason, it is advisable to consult with our South Carolina family law attorney who can guide you through the process, assess the validity of your request, and help you prepare the necessary documentation.
At the David W. Martin Law Group, our skilled Myrtle Beach visitation modification attorneys assist our clients with each stage of the legal process, including:
- Reviewing Your Existing Child Custody and Visitation Agreement/Order
Before our visitation modification lawyers in Myrtle Beach can assess your need for a change, we must carefully review your existing visitation or custody order to understand the terms and conditions you want to modify. This will help you determine what specific changes are needed.
- Identifying the Need for Visitation Modification
We help prepare our clients for the need to demonstrate a substantial change in circumstances that warrants a modification. Common reasons include changes in work schedules, relocations, health issues, or concerns about the child’s safety.
It is crucial to note that the South Carolina family courts will not simply change a visitation schedule because one parent “wants” the change. There must be a compelling reason (or reasons) for the request to be made before the court will consider it.
- Drafting a Motion to Modify Visitation
Once we have reviewed your existing visitation agreement and identified the need for a change, we will draft a formal legal document known as a Motion to Modify Visitation. This motion will outline the reasons for the modification, the changes you request, and the specific section or provisions of the existing order you want to change.
We will submit the completed Motion to Modify Visitation to the family court in the county where the existing order was issued.
The law requires that you formally notify the other parent about your request for a visitation modification, which typically involves delivering a copy of the motion and a summons. This can be done by certified mail or a process server. We will be sure to follow the legal requirements for service in South Carolina, including proof of service — including the date, time, and method of service, which you will need to present to the court as evidence that the other parent has been notified — so your motion is delivered, and received correctly continues to move forward.
- Responding to Counterclaims by the Other Parent
The other parent may file a response or counterclaim to the motion. Before they do, our Myrtle Beach visitation modification attorneys will be thoroughly prepared to address their arguments or concerns.
Once the court schedules a hearing to review our motion and any response from the other parent, we will present the necessary evidence and make your case for the requested modification.
After the hearing, the court will issue a ruling on your visitation modification request. The court may grant, deny, or modify the visitation order based on the evidence and arguments presented.
If the court grants your request for a visitation modification, you will receive a new court order reflecting the changes. Both parents must follow the new order.
Can Visitation Modifications Be Made Without Going to Court in South Carolina?
If both parents agree to the changes, they can submit a written agreement to the court for approval. However, it is advisable to have the court’s permission to ensure the modification is legally enforceable.
Can a Child’s Preferences Be Considered in South Carolina Visitation Modification Cases?
In South Carolina, the child’s preferences may be considered if they are of an appropriate age and maturity to express a reasoned opinion. However, the child’s best interests remain the primary consideration.
We can also help for:
- Child Custody
- Fathers Rights
- Grandparents Rights
- Child Support
- Emergency Custody
- Uncontested Divorce
- Property Division
Will South Carolina Visitation Modifications Impact Child Support Orders?
Yes, changes in visitation arrangements can affect child support orders. A significant difference in the number of overnights or the parent with primary custody changes may affect child support calculations. Our skilled Myrtle Beach visitation medication lawyers will address child support modifications at the same time we are building your unique case.
It is essential to consult with a legal professional specializing in family law to navigate visitation modification cases in South Carolina successfully. Call 854-854-5623 or contact us online to learn more about your legal rights and options to pursue the best outcome for your unique case by partnering with our dedicated visitation modification attorneys in Myrtle Beach at the David W. Martin Law Group today.