Modifying Custody Orders After Major Life Changes in California

In this article, you will discover:

• Types of significant changes that justify custody modifications in California.
• The legal process for petitioning to modify an existing custody order.
• Whether parents can agree to modify an existing custody order without going to court.

What Qualifies As A Significant Change In Circumstances For Custody Modification In California?

What qualifies as a significant change depends on the kind of modification you’re seeking. If you want to modify a full custody order, there must be significant parental neglect.

However, suppose a father, who usually doesn’t have much free time because of his work schedule, has his children Friday through Sunday every other weekend. If his time is freed up because he starts a new job or his work schedule changes, that’s a significant change because it now allows him to drop off and pick up his children at school.

Most attorneys don’t bring up the significant change issue. However, if there’s a change where your ex won’t take the kids to sporting events, for example, you can seek a modification. If your ex doesn’t do homework with your child and your child’s grades suffer as a result, or if they are responsible for your child being chronically tardy at school, that’s a significant change. The courts don’t like that at all.

If a child doesn’t want to see one of their parents, expresses that to counselors or teachers at school, and acts out when the parents exchange custody, that’s a significant change. However, the court would probably first order therapy to get to the bottom of what’s going on before granting a modification.

How Frequently Can I Request A Custody Modification Under California Law?

While there’s no specific limit to how frequently you can file, you can’t continuously file without the court sanctioning you for it. If you aren’t getting the modification you seek and file repeatedly, the court can deem you a “vexatious litigant” for running up the other party’s attorney fees on a baseless motion. In those cases, the court must review your petition before it’s filed and a court date is set.

What Is The Legal Process For Petitioning To Modify A Custody Order In California?

To petition to modify a custody order, you must first complete Form FL-300, which is the Request for Order. You will have to attach a declaration citing why you want the modification, along with any evidence, such as text messages, as exhibits. You then file the Request for Order, receive a court date, and serve the petition on the other side.

Can Parents Agree To Modify Custody Terms Without Returning To Court?

Parents can agree to modify custody terms. However, if there is a current order, and they agree to change it, the change must be in writing and filed with the court. If there’s only an informal agreement, and one party later reneges, the existing court order would still be enforceable.

Typically, the court defers to the parents. If they agree and work something out, the court approves of that.

What Documents And Evidence Are Necessary To Support A California Custody Modification Request?

Text messages are a significant form of evidence. In a high-conflict case where you’re texting about an important issue, print and save relevant text messages. You’ll need them one day. Photos and videos from social media can also be a goldmine in terms of proving the other parent is engaging in negligent or dangerous behavior.

If you see your ex doing something that could put your child in jeopardy, take a picture of it. Photos, videos, and text messages are important evidence that the other side then has to try to explain away.

Still Have Questions? Ready To Get Started?

For more information on modifying custody orders in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (510) 213-7665 today.