Q: Is the two part test for time sharing modification needed for orders with reserved jurisdiction to reconsider?
In our final judgement in divorce case, Judge reserved jurisdiction to reconsider and expand Fathers timesharing to overnights after 6 months of supervised timesharing at his parents residence. Final Judgement also stated either party may file motion to review this issue without necessity of filing a Supplemental Petition for Modification. However, Father has now filed a Supplemental Modification petition after 6 months. Will Father have the burden of proving substantial change in circumstances and such changes being beneficial to our children?
A: Excellent question. If the court reserved jurisdiction, then that issue is not finalized and the Father should not have to prove the substantial change of circumstances that is permanent and unforeseen. I do not believe that it matters that he filed a supplemental petition versus a motion especially as you state he had to option of filing a motion, but he is not prohibited from filing the supplemental petition.
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