Child Custody Modification in California
Can you modify a custody order?
It's not easy, but yes.
Typically, courts require a showing that there has been a substantial change in circumstance in addition to other factors to materially change a Custody Order unless the child is in immediate danger or for other sufficient reasons.
Relocation, a parent remarrying or having children with a new spouse, often represents a change in circumstances. If the custodial parent shows a pattern of irresponsibility, a judge may also account for that.
The court views consistency and stability as key factors, so you’ll have to demonstrate how modifying the custody order represents the child’s best interests.
How Do You Qualify For a Custody Modification?
To make a child custody modification, you must show a change in circumstances.
These factors often include:
- one parent losing a job,
- drastic income change,
- and shifts in a child’s needs,
- substantial variations in parenting time,
- a new baby,
- parental relocation.
Substantial variations in parenting time, a new baby, and other causes also factor into the decision. Any of these may necessitate adjusting parenting time. If this is the case, you can petition the court for a modification.
How Do You Modify A Parenting Plan?
To make a child custody modification, you must show a change in circumstances.
These factors often include:
- one parent losing a job,
- drastic income change,
- and shifts in a child’s needs,
- substantial variations in parenting time,
- a new baby,
- parental relocation.
Substantial variations in parenting time, a new baby, and other causes also factor into the decision. Any of these may necessitate adjusting parenting time. If this is the case, you can petition the court for a modification.
What's The Modification Process?
The easiest, most convenient way to modify a child custody order is when both parents agree and are on the same page. Over time, needs, relationships, and situations change, and you may want a child custody modification to fit the new circumstances.
When parents agree, modifying the custody order is relatively simple. You fill out and sign a few forms, and the court reviews your submission. If everything is in order and beneficial for the children, a judge will sign off on the changes.
It’s when parents disagree that things get more complicated. If the parents can’t reach an agreement on their own, one must file a request with the court to modify the established custody and visitation order.
Once you've filed a request, you can work with a mediator to create a new arrangement. If not, you may have to go to court to state your case.
One important note: Even if you and your ex work out an arrangement on your own, it’s best to make it official. It may seem easy and straightforward to just agree, but if things go sour in the future, having a court order makes things much easier down the road.
Can Your Children Testify On Your Behalf?
The older the child is, the more likely it is that the court will consider their testimony. If they have legitimate reasons for living with one parent rather than another and can articulate them clearly, a judge might take them into account.
When it comes to a child testifying in family court cases, there are regulations. Rule 5.250 of the California Rules of Court lays out the guidelines. There is no specific age limit, and whether or not to allow such testimony varies from case to case. It also depends on the individual judge.
Ultimately, it’s about striking a balance between valuing the child’s input and protecting their interests.
If a child wants to testify, the court must balance their well-being with the benefits of the case. The rule establishes guidelines for protecting the child, for how the court receives testimony, for the responsibilities of court-appointed adults, and more.
Child custody modifications have a lasting impact on your relationship with your child. There’s bound to be friction, and tempers often flare, but it’s important to avoid common mistakes that hurt child custody modifications.
