A custody agreement may seem permanent but the truth is that under certain circumstances a custody modification may be granted. The law in California can be complicated and much depends on your unique situation. However, if you’re considering a custody modification then we at Law Offices of Torrence L. Howell urge you to contact us immediately to get expert advice on your specific situation.
There are several orders that can be modified by the California courts
First of all, while this blog will mostly focus on modifying a custody agreement, keep in mind that certain other California court orders can also be modified after a final judgment is made. The most common areas in which this is true include:
- Child custody
- Visitation
- Child support
- Spousal support
If you have questions on any of these family law modifications, contact Law Offices of Torrence L. Howell today.
You can seek a modification of custody at any time
There is no specific timeframe in which you must file your request for modification of a child custody order. It could be a day after the order is finalized or fifteen years later. However, you must prove that modifying the order is necessary or proper and that it’s in the best interest of the child or children involved.
If you’re seeking a custody modification you must also show that there’s been a significant change in the circumstances as they existed when the original order was finalized. We can help you prove that the situation has changed. In other situations, we can help you take steps to take the necessary steps that lead to a change significant enough for the court to consider it.
Consider some of the more common reasons courts grant a change of custody
While every situation is unique, there are some situations we see more often than others when it comes to California courts modifying a custody agreement. They include:
- A work schedule change in the parent who doesn’t have primary custody.
- The parent who doesn’t have custody moves closer to the parent who does have custody.
- The child or children in question have asked to either spend more time with the parent who doesn’t have custody or has asked to live with them full-time. While the child’s preference likely won’t be enough on its own, in conjunction with other information it may sway the courts.
- One of the parents is not responsible. This could include something as simple as not getting the child or children to school on time, or something more significant like drug or alcohol abuse.
- One of the parents is moving out of the area in which the child has been residing. This is referred to as a “move away case” and has its own complications and possible outcomes. Contact our offices immediately if you’re on either side of this situation.
If you believe your current custody arrangement isn’t working then it’s time to contact us
This blog only covers a few of the more common reasons parents seek to change custody arrangements. Remember that your unique case may have merit. If it does, you can count on the experienced counsel at Law Offices of Torrence L. Howell to give you an honest opinion of your options. We’re here to advise you and to provide the essential legal services you need at this tough time.