When a child’s parents separate, divorce, or have a child together but are not in a relationship, there may be a child custody or child visitation order in place for that child in California. In some situations, one of the parents may want to modify this existing order.
Reasons that parents may seek to modify a child custody or visitation order in California include:
- One parent is moving out of the state
- A parent believes the child is in danger
- The current order is not being followed
- The custodial parent has passed away or is incarcerated
A child custody and visitation order in California, as in other states, may be modified when the previous order does not work for them anymore and the parties can no longer follow it. A court will permit modifications of child custody and visitation orders in certain situations.
When a parent has a valid reason for modification, they can file a petition and follow the requirements of the California court. When an individual wants more information on the requirements in their area for modification, they should have a legal consultation with a local attorney in California.
When Can You Modify a Custody or Visitation Order?
When making child custody decisions, the child’s best interest standard in California will always be followed. A parent will need to have proper grounds to obtain an existing child custody or visitation order.
What is considered proper grounds for a child custody modification may include a change in a parent’s circumstances. This may include changing jobs or the needs of the child have changed.
Another ground may be if one of the parents is not following the order, such as not attending scheduled visits with the child. This may indicate it is not in the child’s best interests for an absent parent to have visitation rights.
Another example of grounds for modifying an order would be child abuse. This issue is very serious and will be considered by the court to be an immediate danger to the child’s well-being.
A parent may also want to modify an order so they can be more involved in their child’s life after recovering from an issue, such as a substance abuse problem. If they can show recovery, the court may award them increased rights.
How to File a Petition for Modification of Child Custody or Visitation Order
When a parent wants to modify their child custody or visitation order, they will have to file a petition or motion in the proper court. This type of motion typically includes the following:
- The names and addresses of both parents
- A copy of the custody or visitation order that is in place
- The reason for seeking modification
- The proposed terms of the modification
There may be a fee associated with filing this type of motion, which will vary by location. Some courts may also have petitions or require specific forms to be attached to the petition.
A copy of this petition will have to be served on the child’s other parent or provided to their attorney. When a parent has a lawyer, their lawyer will prepare their modification petition and file it to ensure it is handled correctly and that all of the required documents are included.
The court will provide a hearing date for the petition where both parties can present their arguments against or on behalf of the modification. Following the hearing, the court will determine whether the modification is in the best interests of the child.
The length of time it will take to get a modification may be different due to several factors. However, it usually takes anywhere between several weeks to several months.
The factors that may have an affect on the amount of time it will take to get child custody modifications can include, but are not limited to:
- The court’s calendar: The court will schedule the hearing around things already scheduled on the calendar.
- The cooperation of the parents: Whether or not the parents cooperate can affect the length of time it takes to resolve the case.
- Timeliness of submissions by the parties: The length can be affected by whether or not forms and requested documents are submitted in a timely manner, such as:
- employment documents
- documents that show a parent rents or owns a residence
- evidence of the child’s education
- police reports
- financial documents
- The complexity of the requested changes: If the requested changes are more complicated, the court may require additional time to review the case or may request additional evidence before it makes a determination.
A court may also order the parents to participate in mediation before the hearing to encourage them to reach an agreement. Each parent can have their own lawyer during this process.
Family mediation can be helpful, as the parents are able to compromise and create agreements that take into account their specific and unique situations. Mediations occur outside of a courtroom and are handled by a neutral third party called a mediator.
A mediator does not advocate for either parent but, instead, provides information on court procedures, laws, and resources that may be available. They do not recommend any specific legal actions but, rather, help the parties consider possible ways to compromise.
A court may grant a parent’s request for modification, deny their request, or issue a modification of the existing custody or visitation order that it deems is in the best interests of the child. When parents reach their own agreement, their attorney will submit it to the court for approval.
What Are Temporary Child Custody Modifications?
Temporary child custody modifications are short-term changes made to existing child custody or visitation orders. These types of modifications can be used to solve short-term issues that have significant impacts, such as the hospitalization of a parent.
Temporary modifications may be used to address multiple types of issues, including, but not limited to:
- A parent being incarcerated
- Financial difficulties of a parent
- Health concerns or safety concerns for the child
- A parent having health issues
- A parent having a new job schedule
- A parent becoming hospitalized
- A parent being deployed
For temporary modifications, a date or event when the original order will apply again is typically provided. If there are allegations of child abuse, temporary orders can be issued to remove the child from the home until the issue is resolved.
Do I Need a Lawyer To Modify a Child Custody or Visitation Order?
If you are a parent in California who wants to modify an existing child custody or visitation order in California, you should consult with a California child custody lawyer. Your lawyer will guide you through the process, prepare and submit your petition, and ensure your rights are protected during the process.
If you have to attend a hearing or participate in mediation, your lawyer will represent you. It can be overwhelming to find a lawyer, so take advantage of LegalMatch’s no cost lawyer matching services.
You can submit your custody or visitation modification question or concern on the website, even if you are only seeking advice, in around 15 minutes. You will get answers from member attorneys that include their fee information, background, and reviews from previous clients in about 24 hours.
