Modifying Child Custody Agreement in California

Child custody orders in California are not carved in stone. The courts recognize that life circumstances evolve, but it is also important to understand that the orders can’t be changed for just any reason. When modifying a child custody agreement in California, you will need to demonstrate that there has been a substantial change in circumstances.

The Child Custody Agreement Modification Process

The child custody agreement modification process can feel daunting when you have not experienced it yet, but understanding each step is a great way to ease some of your anxieties.

Step 1: Determine if There Is a Substantial Change in Circumstances

The courts in California prioritize keeping child custody arrangements consistent. However, they understand that significant changes in circumstances can occur. Some of the most common examples of justification for modification include:

• A parent is relocating, especially if the distance is significant
• A parent’s substance abuse
• A parent’s ongoing neglect or violence
• The child’s needs have changed, like a serious health issue or special educational requirements
• A parent’s significant change in living situation
• The child expresses a strong preference
• A parent’s consistent interference with the other parent’s custody or visitation rights

Step 2: Try to Reach an Agreement With the Other Parent

Before involving the court, California law strongly encourages parents to attempt to resolve disputes through mutual agreement. This can save time and money, and alleviate emotional distress for everyone involved, especially the child. It is recommended that parents try to have an open and honest conversation, partake in informal mediation, or work with attorneys.

If the parents can reach a mutually agreeable solution together, it can be formalized through a written stipulation to the court for approval. Once the judge signs it, the new child custody order will be issued.

Step 3: File a Request for Order (RFO)

Sometimes, agreements can’t be made. If so, a formal request for modification must be made to the court. This is done by filing a Request for Order (RFO), which is a standard court form (Form FL-300). The form requires information about the order you want changed and the reasons for your request. You will need to include supporting documentation that details the changes and why you believe the modification is in the child’s best interest.

The documents will be filed with the court clerk in the county where your current custody order was issued.

Step 4: Mediation

Over 80% of counties in California require mediation before a custody modification hearing. This means reducing the need for contested court hearings. Mediation is a confidential process where a neutral third-party mediator helps parents discuss their issues and attempt to reach a mutually agreeable plan. The mediator will not make decisions, but only support the parents in communication and exploring solutions.

Step 6: Court Hearings

Very few custody cases will go to trial in California, but if the parents can’t reach an agreement through mediation, that will be the next step. You will need to attend all scheduled hearings. During them, you and the other parent will have the opportunity to present your case and evidence to the judge.

Step 7: The Judge Makes a Decision

After all the evidence and testimony are presented to the judge, they will make a decision. Remember, the judge’s primary focus will be on determining what is in the best interest of the child. They will then issue a new custody order that outlines the legal and physical custody arrangements. This will then replace the previous order.

What to Consider When Modifying a Child Custody Order?

At the heart of any custody modification is the concern for the child’s best interests. It is vital for parents to thoughtfully assess how proposed changes will affect their child’s daily life and their overall happiness. Navigating this process effectively also hinges on clear communication and a spirit of cooperation between both parents.

Beyond that, remember that, like all legal requirements, such as filing documents and attending hearings, they must be followed meticulously. This is where legal counsel can be an essential support. Minor errors or oversights can mean delays or complications in the process. Do not risk your and your child’s future, and seek a professional lawyer who can be by your side every step of the way.

FAQs About Child Custody Agreement

Q: What Qualifies as a “Significant Change in Circumstances”?

A: In order to modify a child custody arrangement, there must be a “significant change in circumstances.” This includes situations that impact the child’s welfare, including a parent’s relocation, altered work schedules, health and safety concerns like violence or neglect, or a child’s needs have changed. Minor inconveniences or other general parental disagreements will not qualify as a “significant change in circumstances.”

Q: How Do I Request a Child Custody Modification?

A: To request a child custody modification in California, you must file a Request for Order (Form FL-300) with the court. You must outline the changes you wish to make and the reasons supporting them. You will need to serve the other parent with these forms and attend mediation or a court hearing where the judge will make a final decision based on the evidence presented.

Q: Do Both Parents Need to Agree to the Modification?

A: No, both parents do not necessarily need to agree to a child custody modification. A mutual agreement will speed up the process and involve less court intervention, but if they can’t agree, the court will make the final decision. This is done after both parents have had the opportunity to present evidence and arguments about the modification request.

Q: Can My Child Decide Who They Want to Live With?

A: A child’s preference may be considered in California if they are 14 years of age or older, but they do not get the sole decision. Besides their personal wishes, the court will also weigh factors like the child’s age, maturity, and the reasons for their preference, but will always prioritize the child’s best interests above all else.

Reach Out to a Family Law Lawyer for Support

Whether you are petitioning for or contesting a custody modification, the support of an experienced family law attorney is recommended to protect your rights and ensure your child’s best interests are fought for. Erica Bloom Law can offer comprehensive and compassionate representation in your child custody modification case or other family law matters. Reach out today to safeguard your parental rights and advocate for your child’s well-being.