Modification Actions

Family Law Attorney in Jackson Guiding You Through the Modification Process

  1. Modification of Child Custody - Typically, a noncustodial parent seeking to modify custody must satisfy a two part test to be successful in a custody modification action. Jackson family law attorney M. Devin Whitt is familiar with this test. First, the parent must prove that:
    1. a "material change of circumstances" has occurred in the home of the custodial parent that "adversely affects the child". Once this standard is met, the parent seeking modification must then demonstrate that:
    2. a change in custody is in the “best interests of the child”, as determined by application of the Albright factors discussed in the page on child custody

    Both standards must be satisfied before a court will determine a change of custody appropriate under Mississippi law. In Mississippi, modifications have been approved in a variety of situations where a custodial parent's conduct creates a dangerous and/or inappropriate environment for the child, the child is exposed to dangerous behavior, or there is proof that the custodial parent is providing inadequate care.

  2. Modification of Visitation - To modify the visitation provisions of an order, a petitioner must show that "the current visitation order is not working and that a modification of visitation is in the best interests of the child." This standard is more easily met than the standard in custody modifications because it is not necessary to prove material change/adverse affect.
  3. Modification of Child Support - Child Support may be increased or decreased when the payor's ability to pay or the child's need for support changes. A parent seeking to modify child support must show a "substantial and material change" in the circumstances of the child or parents since the decree awarding support. In determining whether a material change has occurred, courts in Mississippi consider:
    1. increased needs of older child;
    2. increase in expenses;
    3. inflation;
    4. child's health and special medical needs;
    5. parties' relative financial condition and earning capacity;
    6. health and special needs of the parents;
    7. payor's necessary living expenses;
    8. parties tax liability;
    9. one party's free use of residence, furnishings or automobile;
    10. any other relevant facts or circumstances.

As a family law lawyer in the Jackson area, I have experience both prosecuting and defending modification actions in courts throughout Mississippi. In these cases, we will thoroughly review the facts and provide aggressive representation in an effort to achieve your desired result. Please contact the Law Office of M. Devin Whitt at 601.607.5055 to schedule an appointment with a Jackson family law lawyer.

Client Reviews
★★★★★
Devin handled my case with the attention and compassion you need when going through tough times in life. I always felt he had my back and fought for my best interests at all times throughout the ordeal. I would recommend Devin to anyone in need of an attorney. In fact, I already have!
★★★★★
From the first time that I met Devin he was very friendly, courteous and passionate of being the Attorney that he would want serving him. He spent countless hours working to ensure that fair treatment was being delivered to me and my family. Very organized, timely, response to all my request. I had a very complicated case that extended longer than anticipated and he stayed on task, very optimistic, very driven for results and was able to deliver what I was seeking out for from the first meeting that I had with him. He never mislead me or promised me the world. He was very objective and realistic in what he felt he could deliver. I appreciate all that he did for me during this time and I will continue to use him for all of my future needs. If you family ever needs honorable, competent, caring representation in a case, then Devin Whitt is the Attorney you will be pleased with. Michael D.
★★★★★
Devin Whitt was very helpful and successful on achieving the desired results for my case! My case was over a year long, and Devin sought additional ways needed to solve my legal issues. He could’ve quit and said, “That’s the way it is”, but he continued to go to bat for me until he hit the HOMERUN. Even after the successful case, Devin called to check on me to ensure that I knew the additional steps needed to completely clear my name. Devin was prompt when returning phone calls. I have recommended Devin once and would HIGHLY recommend him to anyone regardless of their legal issues. If you want to be successful in your case, don’t look any farther. Pick up the phone and call Devin! Immediately!! Parker R.
★★★★★
My experience with Mr. Whitt was positive from the first moment I consulted with him. I can't think Mr. Whitt enough for his help with my custody case. He was attentive, thorough, and helpful throughout a difficult time for me. He always kept me updated with the progress of my case and made me feel as if we were working together as a team. He was always available to me when I had questions pertaining to the matter, and he was always willing to take the extra time to make sure I understood everything in the process. I highly recommend Devin Whitt! Jennifer N.
★★★★★
Attorney Devin Whitt is awesome! He told me that he was going to do his best, and his best exceeded my expectations! For excellent representation, I highly recommend Attorney Whitt! Althea S.
★★★★★
Devin Whitt is absolutely the person you need to call when needing representation in a divorce case! He is the reason today that i have full custody of my 3 boys. Devin fought when nobody else gave me any hope. These days when many attorneys will concede children over to alcoholic and drug addicted mothers Devin said NO! He stood up and fought for me and my boys and we won. Thanks to Devin they are now in a stable home with me and their step mother, doing well in school and bright futures ahead. The alternative would have been living with an alcoholic and drug addicted mother and boyfriend. Thank you Devin for all you have done for me and my boys! Do not hesitate, CALL Devin Whitt today and be represented by the best!. David A.