How Do Child Custody Arrangements Change?
December 2, 2024If you reside in California and there has been a substantial change in your living or work situation, or if your child’s needs have changed, you may want to modify the terms of your current custody order. A modification request may be made for several reasons, but if you and the other parent cannot agree, you will want to modify the order through the court. This intricate process requires that paperwork be completed thoroughly and in a timely manner. Any errors in completing court forms can result in delays.
Before requesting any custody modification, you will want to hire the services of our Santa Barbara family law attorneys to help you navigate the process.
Reasons to Modify a Child Custody Order
A child custody order may be altered privately between the parents if both parties can reach an agreement. If both parties cannot reach an agreement, a mediator may attempt to promote communication between them through mediation. California law requires families to attend mediation before requesting a court hearing.
A substantial change in circumstances that may warrant altering a custody agreement may include any of the following reasons:
- A parent relocating to a new home
- Conflict between parents
- One parent switching jobs or changes in the parent’s work schedule
- If the existing order has been violated
- Child’s preference (once the child turns 14 years of age)
- Change in the child’s needs
- A change in one of the parent’s health
Modifying a Child Custody Order
If both parents cannot agree, a custody order must be modified through the court. To modify a child custody order, the parent seeking the modification must take the following steps:
Complete a Request for Order form (form FL-300)
Use the same case number as your existing order if you are requesting to change an existing order. You must provide information regarding the order you want and why the order is in your child’s best interest.
Complete a Child Custody and Visitation Form
Use the Parenting Time Application Attachment (form FL-311) to detail the schedule you would like each day, the location of custody exchanges, etc.
Sign and Date Your Forms
Make two copies of your forms and attachments. Include any documents that will support your request. (Black out any sensitive information, including Social Security or checking account numbers).
Attach a Witness Statement
A statement from a friend can help support your request. File the original forms, two copies, and a $60-$85 fee with the court clerk. (The court clerk will schedule a hearing date.)
What Happens at a Modification Hearing?
At your hearing, the judge will hear each parent's arguments before deciding. If the judge decides that a modification is merited, then the judge will issue a new custody order.
Dedicated Counsel Handling Sensitive Matters
If you feel that a change to your custody order is necessary, a Santa Barbara family law attorney can help you initiate the process. At Bamieh & De Smeth, PLLC, we know that dealing with family matters needs to be a delicate process. Our Santa Barbara family law attorney strives to do what is best for you and your family. Our diligent counsel will protect your rights while doing what is best for your child.
Contact Our Santa Barbara Family Law Attorneys Today
Although it may be difficult to obtain, modifying an existing custody order is sometimes necessary. If you want to change a custody order, our Santa Barbara family law attorneys are here to help. Contact us online or by phone today to learn more or schedule your free consultation.