Divorce With Respect

How to get a custody modification in California

On Behalf of | Dec 7, 2022 | Child Custody |

When divorcing, if you have children, an important topic is child custody. If you are an involved parent, you may want to see your children as much as possible. However, your ex-spouse may want the same. Because of this, it could take time and assistance to reach a fair custody agreement.

Even if you take all the proper steps and plan carefully, at some point, the custody agreement you created at the time of your divorce may not meet your needs in the future. When this happens, you must go back to court to request a modification. However, before taking this step, you need to fully understand how and when California courts are most likely to accept your modification request.

Securing a custody modification in California

To show the court that a custody modification is necessary, you must provide proof that you have had a significant change in your situation or circumstances. Some examples of things that are considered significant changes and that may warrant a custody modification include:

  •         Getting remarried
  •         The child is going to a new school
  •         One parent is starting a new job

Other factors that may impact modification requests include allegations of abuse or if one parent is ill.

Many things can affect your children’s schedules, safety and needs and serve as justification for modifying your original child custody agreement.

Working with your spouse for a custody modification

Sometimes, it’s possible to get an uncontested modification. With this, you and your child’s other parent agree to the changes and sign off on the modification. This option is usually faster and cheaper than fighting to have changes made.

Unfortunately, this isn’t always how things work out and you may have to go to court to litigate the matter. If this happens, the judge will determine what’s in the best interest of the children.