Modifying a child custody order in California can seem like a daunting task. However, it is possible to request changes to a custody order. The process requires that one files a petition to request modifications to an existing child custody order.

In this article, you will learn about the reasons to modify, eligibility to make changes, the process involved in the modification, and the available options.

Reasons for Modifying a Child Custody Order

Modifications to a child custody order are typically necessary when there has been a significant change in a family’s circumstances. Without these changes, the court will likely reject the petition. Here are some examples of substantial changes in circumstances:

• One parent or child moves to a new state
• One parent plans to relocate with the child
• The child needs to change schools
• The current custody schedule does not work for the child

Eligibility to Modify a Child Custody Order

Parents or guardians can’t make child custody changes anytime they want. To be eligible to file a request for modifications, you must:

• Have a valid reason for a change, as mentioned above
• Have an existing custody order
• Have an ongoing custody case

It is important to note that changes cannot be made within six months of the original order unless specific circumstances apply.

The Process of Modifying a Child Custody Order

The modification process can be broken down into the following steps:

Step 1: Gather information

Before filing a petition, it is crucial to collect necessary information about the existing custody order. This information includes:

• The current visitation schedule
• Parenting plan
• Existing child support order
• Any parenting or custody agreements that have already been established

Additionally, it is advisable to gather evidence to support the desired modification. Examples of evidence that may be necessary include:

• Medical records
• Employment records
• School attendance records and reports
• Other documentation that demonstrates the need for the change

Step 2: File a petition to modify

After you have gathered and reviewed the relevant information and evidence, the next step is to file a Petition for Modification of your custody order. You may file the petition in the same court that issued the original custody order.

Step 3: Serving the petition

Once you have filed the petition, you must provide the other parent or guardian with a copy of the petition, along with the notice of the upcoming hearing. This service must be made a minimum of 16 court days in advance before the court hearing, or at least 21 days before the court if the other parent or guardian is located out of state.

Step 4: Attending the hearing

A hearing will be scheduled after the court has received your petition and completed the service of process. The hearing provides an opportunity to present evidence to support your modification request. During the hearing, both parents may testify and present evidence that supports their position.

Step 5: Receiving the court’s decision

After hearing testimony and reviewing evidence, the court will make a decision regarding the modification request. If the judge approves the request, the changed custody order will become a new custody order.

Options for Child Custody Modifications

The court can modify your existing child custody order for several reasons. The most common changes include:

Changing Physical Custody

Sometimes, it may be necessary to change the schedule for where a child spends their time. This type of modification can be temporary or long-term, depending on the reasons for the change.

Adjusting Legal Custody

Legal Custody gives a parent or guardian the right to make important decisions related to a child’s life, including their education, medical treatment, and religion. A modification to legal custody can be requested when it is in the best interest of the child.

Altering Child Support

Child Support obligations can be modified when the circumstances of the child or parent have changed materially.

Requesting Visitation Changes

If the current visitation schedule does not work for the child or there is a change in the parent or guardians’ work schedule, it may be necessary to petition for a visitation modification.

Conclusion

Overall, modifying a child custody order in California is a potentially complex process that requires careful preparation and planning. Having a qualified family law attorney to help you navigate the modification process is essential to help ensure a successful outcome. By following the above-mentioned steps and enlisting the right legal help, you can successfully modify a California child custody order that is in the best interest of your child.