The property division aspects of a divorce decree operate as a final judgment and may not be modified. Except in the case of fraud, the decree operates as a bar to any claim of either party to the property of the other spouse. The property division aspects of the decree survive death and are binding on the estates of both parties to the decree.
Child custody modifications occur by agreement between the parents, by a court’s ruling that a change is in the child’s best interests, or as a result of a court’s determination that a change of custody is warranted.
Contested child custody modification actions are among the most difficult and stressful family law cases. When a parent asks a court to modify custody determination without the agreement of the other parent, usually, there is a problem with the parenting of the other parent. Because of the nature of these cases, they can be emotionally difficult for any family.
The party requesting a change in custody must show that there has been a permanent, substantial and material change of conditions which directly affects the best interests of the minor child, and that as a result of such change in conditions, the minor child would be substantially better off, with respect to their temporal, mental and moral welfare if the requested change be ordered.
The standard for changing visitation is the same as the standard for modifying custody.