Life can change after a divorce. Your child may be starting a new chapter of their education or your career may have taken an unexpected turn. With these changes, it is normal to wonder if they are valid reasons to return to court. In California, the courts may allow you to modify custody orders if you have a substantial change in circumstances.
Defining the threshold for order modifications
While every family is unique, California courts typically recognize a few catalysts for modification:
- Relocation: A parent planning to move away can significantly impact the other parent’s ability to maintain a relationship with the child.
- Parental availability: A permanent shift in a parent’s work schedule can prevent them from spending time with their child during their parenting hours.
- Changes in a child’s needs: A child may have new educational requirements or extracurricular activities that make the old parenting schedule impossible.
- Criminal activity: A parent’s negative behavior may no longer align with the child’s best interests.
Even if your life has changed, the judge will only grant the modification if the new arrangement is better for the child’s health, safety and welfare.
Planning your next steps for success
Regardless of the changes in your life, California law requires you to prove them in court. This includes the burden of showing evidence why an order modification will benefit your child’s best interests. These and other factors in the process can be complex.
Having a clear strategy and organized documentation is vital. Seeking legal counsel from a child custody law attorney can give you the guidance you need.