Child Custody Order Modification In California

California courts allow post-judgment modification of specific orders such as child support, child custody/visitation, and spousal support. Parents can seek changes in child custody orders due to changes in their or the child's circumstances over time.

When Can You File for a Child Custody Order Modification?

As people start afresh with separate lives after a divorce, the new circumstances affect their parenting routines. The child's interests, needs, and activities also change as they age.

To provide the best parenting support to their child, one or sometimes both parents may want some modification in the child custody order. You may request the court to modify the child custody orders at any time.

The parent filing for modification in the child custody order must demonstrate to the court a significant change of circumstances to reinforce the request for modification. The court may agree to changes in a child custody order if the modification is in the child's best interest.

Common Reasons to Seek Child Custody Order Modification

Modification in custody orders is subject to conditions imposed by the court. Some custody orders may prohibit modification for a certain period unless significant changes in circumstances can impact a child's life. Some of the changes that may justify seeking a child custody order modification are:

·        A change in the work schedule of the non-custodial parent work

·        A change in a parent’s financial situation

·        A change in a parent’s location

·        Remarriage of a parent resulting in altered circumstances for the child, such as several stepchildren 

·        The child is inclined to spend more time with the non-custodial parent.

·        Carelessness on the part of a parent leads to the child not attending or faring poorly at school.

What if You Do Not Want Any Modification in the Custody Order?

Suppose you believe any custody or visitation changes are unsuitable for your child. In that case, you must present sufficient evidence to support your claim. The evidence may include testimonies from a family member, your child's therapist, or someone from the child's school.

Can You Reach an Agreement Without the Need to File for Modification?

Yes, you can. Parents reaching a consensus on their own might also be better for the child. You can contact an experienced and qualified California family law attorney who can help you put down your agreement in writing to protect your rights thoroughly.