Whenever there is a dispute as to custody or parenting time, the matter must go first to mediation. The procedure to get into mediation is the same as in the initial action. The key difference between the initial action for custody-visitation and a modification of a custody-visitation order is that a custody-parenting schedule order has been in effect; therefore, the court's discretion regarding making orders for custody has narrowed. It is now up to the parent bringing the motion for modification to show a change in circumstances that warrants a change in the parenting plan. This burden can be difficult to overcome unless there are substantial reasons for the change. A request for a change in the parenting plan that appears to be financially motivated will be rejected. The primary focus of the mediator and the court will be whether or not sufficient grounds appear to establish that a change in custody or visitation would be in the best interests of the child or children.
To learn more about paternity in California please contact the family law lawyers at Bartholomew & Wasznicky LLP.
* The State Bar of California Board of Legal Specialization
