Men in Family Courts: An Unfair and Uphill Battle

American courts and legislatures have prided themselves on taking a more equitable view of family law in recent years. Unfortunately, this metaphorical patting on the back doesn’t always equate to reality. For instance, mothers overwhelmingly receive custody more than fathers. Fortunately, judgment modifications are available. Men can request changes to family law orders given the right circumstances.

What leads to the unequal treatment of men in family courts? It could be a lot of things. For one, family law statistics show that women are far more likely to request sole custody — while men more often request joint custody. Male victims of domestic violence are also frequently threatened with false allegations in criminal matters and divorce proceedings.

Put simply, men have an uphill battle — but with the ability to request judgment modifications, court orders do not have to be permanent.

Understanding the Basis to Request Changes to Court Orders

When judges issue orders or approve agreements made between parties, they intend their decrees to be relevant for a given situation. If that situation changes, it’s possible that the courts will reconsider the initial order and issue a new one. However, it’s typically the case that a substantial change in circumstances must first occur.

So, what constitutes a substantial change in circumstances? It all comes down to the situation a person finds themselves in. For instance, the relevant factors for a man requesting changes to an alimony order will differ from those relevant to a child custody case. Just consider some of the many events that may justify a judgment modification:

  • Child custody modifications
    • Significant change in a child’s schedule or needs
    • Safety concerns such as the other parent not providing proper care for the child
    • Other parent is neglecting or abusing the child
    • Other parent is abusing drugs or alcohol
  • Child support modifications
    • Significant changes in income for either parent, but primarily for the parent paying child support.
    • Changes in custody arrangements
    • After three years, the court will automatically review child support, but there has to be a change in circumstances to cause a change in the child support number.
    • Birth of another child
    • Significant changes in cost of health insurance for the minor child.
  • Alimony order modifications
    • Health changes
    • Retirement
    • Changes in financial status, such as increase or decrease in income or expenses
    • Remarriage of the payee, the person receiving spousal support or alimony
  • General considerations
    • Legal changes
    • Economic downturns
    • Completion of education/training

While this list may seem extensive, it’s actually far from exhaustive. In fact, any substantial change in circumstances can warrant a judgment modification if you’re able to prove that the new situation is relevant to the court order. There are only certain parts of a judgment that are modifiable at all. Examples of modifiable judgment provisions include child custody, parenting time, child support and spousal support or alimony. Property provisions and division of property are NOT modifiable. However, your word is not enough in these cases. You’ll need hard evidence when requesting a change to a family law order.

Gather Relevant Evidence

When seeking a judgment modification, you need to be prepared to present what the court expects. When you attempt to change a family law order, a judge will need to see that you’ve got evidence to back your case. Start by identifying the relevant change in circumstances you believe has occurred, and then focus on establishing proof that such a change has taken place.

You can do this in a variety of ways. Consider the many types of evidence that the courts may consider when deciding whether to grant a judgment modification:

  • Financial records (e.g., pay stubs, tax returns)
  • Medical records
  • School records or other documents relevant to the child’s needs
  • Proof of relocation
  • Changes to work schedules or to the child’s schedule
  • Evidence of safety concerns (e.g., police reports, witness statements)
  • Child’s preference statement
  • Proof of remarriage or cohabitation
  • Utility bills and other evidence showing cost of living changes
  • Legal changes (e.g., new legislation, expert opinions on new legal changes)

Again, not all of these changes will be relevant to every situation. If you’re a man requesting a change to a family law order, changes to your work schedule may be relevant for child custody issues. However, such changes may not be relevant to alimony orders and other judicial decrees. Whatever the case, you want to be fully prepared to prove your case before heading into court.

The Legal Process

If you and the other party to a court order agree on a certain change, your process might be straightforward. You can likely sit down with your attorney to discuss your desired change, and they can handle all the relevant paperwork and court processes on your behalf. However, you should learn to navigate the legal system if your judgment modification is likely to be contested.

First, you’ll need to submit a petition for modification to the court. This petition must be filed with the court that issued the original order. This written request is called a “motion.” While necessary paperwork can vary by jurisdiction, it often involves submitting a formal request, supporting declarations or affidavits, and an explanation of what circumstances have changed to require the requested modification.

From that point, you’ll need to make sure that the other party is properly served, which is typically done by using regular U.S. mail to the ex spouse, the opposing party. In some jurisdictions, you may then be required to attend mediation — but if this doesn’t result in an acceptable outcome, you’ll need to prepare for court.
You’ll present your case to the judge at this point.

Work With a Legal Professional

With the wide availability of do-it-yourself legal websites online, many people are tempted to take on the legal system on their own. This is particularly true for individuals who believe the justification for a judgment modification will clearly work in their favor. Unfortunately, countless men have walked into family court with high expectations — only to be disappointed.

Put simply, the law is never an easy thing to navigate. Whether you’re seeking modifications to child custody, child support, divorce decrees, alimony, parenting plans, or any other court order, having an experienced attorney on your side can pay dividends. They can help you understand your rights and likelihood of success — along with overcoming the difficulties that men face in family courts.

Men can request changes to family law orders, but without legal assistance, their efforts often face an uphill battle. At the American Divorce Association for Men, we’ll work hard to secure a favorable outcome on your behalf. Contact us at 248-290-6675 for a free consultation to get a better idea of how to best move forward.