A custody order lasts indefinitely until your child turns 18. That does not mean that the circumstances of your life will remain the same until then. When circumstances change, you need a Sherman Oaks child custody attorney to help you get a child custody modification with the conditions you need. At Diarian and Bociaga Family Law Advocates, we can help you advocate for the modification that is best for your family.
What Qualifies for a Child Custody Modification
You may request a modification for several reasons. Sometimes, one parent is trying to move further away and wants to take their child with them, while others may be advocating for more time as the relationship with their child grows. In dire cases, you may try to get a modification because of concerns of abuse or neglect.
You can obtain the paperwork to file for a modification through the California courts’ self-help page for child custody and parenting time. The process can be complicated, so many find it helpful to navigate it with an attorney.
Considerations for Modification
The courts make all decisions in California based on the child’s well-being. Therefore, to successfully obtain a modification, you must show that it is in the child’s best interest. This may mean providing evidence of abuse or neglect from the other parent or showing that making a long-distance move with your child will provide resources and support they cannot get where you currently live.
While the child does not get the final say in a custody decision, their opinion is often considered. If your child has strong feelings regarding the situation, this may impact whether the judge grants the modification.
If the case is complicated, a judge may grant your child a guardian ad litem. This individual is trained to assess the situation and make recommendations to the court.
Types of Child Custody Modifications
When you make a request to adjust your child custody agreement, this can mean a request to change a few things:
- Adjustment of parenting time, whether moving from supervised to scheduled, reasonable to scheduled, or even a move to no visitation when you have safety concerns regarding even supervised visitation.
- Change of physical custody may be appropriate if one parent is trying to move out of state or if the quality of your child’s relationship with a parent has dramatically changed.
- You may try to make a change to legal custody in situations of high conflict or safety concerns
A child custody modification is not the same as a child support agreement. Though it may affect child support in some cases, which may still be a court order modification, it is separate from custody.
Violating a California Custody Order
If you have encountered a significant change in your situation that seems to warrant a modification of custody, it is imperative that you follow the appropriate procedure before taking action. While a reasonable custody order may allow flexibility in your plan, significant changes may be seen as violating the order.
In cases where domestic violence or abuse is a concern, many parents will withhold their children from attending visitation. While this is often done to protect them, it may damage your case for custody when it goes before the courts. If you have concerns about the custody order, speaking with an attorney can help with the next steps.