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How to Modify Child Custody Orders After a Significant Life Change
California law allows for child custody modifications, whether you’re moving for a new job, facing changes in parenting ability from a co-parent, or experiencing a major life shift. Knowing how the process works can help you take the proper steps to secure an arrangement that genuinely fits your child’s needs.
When Can a Child Custody Order Be Modified?
In California, child custody orders can only be modified if there has been a significant change in circumstances since the original order was issued. Common reasons for modification include:
- Parental relocation: One parent must move considerably from the other or the child’s current school and community.
- Change in work schedule: A new job or work hours impact one parent’s ability to care for the child during the previously agreed times.
- Health issues: A parent or child’s health condition affects the custody arrangement.
- Substance abuse or criminal activity: A parent’s behavior changes, or it is discovered they have been involved in activities that endanger the child’s well-being.
- Changes in the child’s needs: As children grow, their educational, medical, or social needs may change, making a new custody arrangement more beneficial.
- Parental alienation: One parent interferes with the child’s relationship with the other parent.
Steps to Modify a Child Custody Order in California
1. Determine If You Have Grounds for Modification
Before pursuing a modification, you must show that a substantial change in circumstances has occurred and that modifying the order is in the child’s best interests. A child custody lawyer in San Diego can help you review the available evidence to see if the court will likely accept your grounds.
2. Reach an Agreement with the Other Parent
If both parents agree to the modification, the process is usually simplified. Your family law attorney can draft and submit a new agreement to the court for approval.
3. File a Request for Order (RFO)
If an agreement cannot be reached, the parent seeking modification or a family lawyer acting on their behalf must file a Request for Order (RFO) with the California family court. This document outlines the requested changes and the reasons behind them.
4. Serve the Other Parent
After filing the RFO, you must serve the other parent with legal notice of the request. Khosroabadi & Hill, APC works with a professional process server, so you will not have to deliver the papers. Serving the papers ensures that the other parent can respond to your request.
5. Attend Mediation
Parents in San Diego and most other California counties must attend court-ordered mediation before a judge hears their case. Mediation aims to assist parents to resolve disputes without litigation. While this is not a court setting, a family law attorney can still protect your interests by doing the following:
- Guiding the mediation process: explaining what to expect and how to prepare.
- Organizing your case: ensuring you present your concerns.
- Advocating for your rights: making your voice heard during negotiations.
- Assisting in fair negotiations: helping you reach a reasonable custody arrangement.
- Ensuring legal compliance: making sure any agreement complies with California law.
6. Attend a Court Hearing
If mediation does not result in an agreement, a judge will hear both sides and decide based on the child’s best interests. Factors considered include:
- Each parent’s ability to provide a stable environment
- The child’s relationship with both parents
- Any history of abuse or neglect
- The child’s wishes (depending on their age and maturity)
Children 14 and older are considered old enough to express their opinions on custody matters under California Family Code Section 3042. The judge will determine each case individually. If the child is younger but appears mature enough to voice their thoughts, their input may be considered by the court.
7. Receive the Court’s Decision
The judge will either approve the modification, deny the request, or issue a new custody arrangement based on their findings. Having an experienced child custody lawyer by your side to guide you through the process will give you the best chance at achieving your desired outcome.
How Long Does It Take to Modify Custody Orders?
The timeline for modifying custody orders depends on whether both parents agree or if litigation is required, court schedules, court backlogs, and the need for additional evaluations, such as psychological assessments. On average, a contested custody modification can take several months to resolve, while an uncontested modification may be approved within a few weeks.
What If One Parent Violates the Custody Order?
Legal action can be taken if a parent fails to follow the existing custody order. Options include:
- Filing a motion for contempt of court
- Requesting enforcement of the existing order
- Seeking emergency modification if the child’s safety is at risk
California courts take violations of custody orders seriously.
Khosroabadi & Hill, APC: Experience and Skill Matters
When life changes, and a modification to your child custody order is necessary, you need a trusted advocate to help you navigate the complexities of family law. At Khosroabadi & Hill, APC, we understand that every family dynamic is unique, and we’re committed to securing a custody arrangement that serves your child’s best interests.
Family Law: A Khosroabadi & Hill, APC Specialty
Partner Amanda J. Hill, who oversees our family law division, brings over a decade of family experience to the table. She has worked with a diverse range of families, including those dealing with high-conflict custody matters, military families facing deployment challenges, and high-asset divorce cases. Amanda’s background includes serving as an advocate for victims of domestic violence and working in Family Law Facilitator’s Offices, where she gained firsthand experience with the challenges many parents face in custody disputes.
Amanda’s approach is grounded in compassion and focused on finding effective solutions — whether that means advocating for your rights in court or facilitating settlement negotiations to avoid the expense and stress of a trial. Recognized by Super Lawyers and named a Rising Star and Top Lawyer by Avvo, Amanda’s dedication and skill have earned her accolades in the field. She is passionate about helping clients achieve a fair, favorable resolution and will fight for your family’s future with care and determination.
A Free Consultation is Only a Phone Call Away
Don’t navigate the child custody modification process alone. Contact Khosroabadi & Hill, APC, at 858-240-2093 for a free consultation. We are committed to helping parents protect their rights and their children’s well-being.
