Parents who divorce or separate in California usually share parental rights and responsibilities. They spend a certain amount of time with their children and also share the legal power to make decisions about their lives. Most parents eventually find ways to cooperate when they share custody. However, some people may find that their current arrangements do not work well for their families. They may find themselves arguing frequently or making constant adjustments to their parenting schedule.
Custody modifications can update the legal custody arrangement to better meet the needs of the family members. The following are some of the scenarios in which the courts may agree that a modification is necessary.
When children struggle at school
Perhaps one parent has time to help the children study or finish their homework after school, while the other does not. If the children see a slump in their school performance in a shared custody scenario, that may be an indicator that they don’t have the support they need to secure appropriate grades. In situations where one parent could better support the children by having more time with them, the courts might agree that a modification could be helpful.
When activities put pressure on the schedule
As children mature, their opportunities for extracurricular activities increase. There are some sports available in middle school and many extracurricular activities available to high school students. As children start joining debate clubs or auditioning for school plays, their schedules may change significantly. The family’s custody arrangements may need to shift to ensure that the allocation of parenting time reflects the various demands on the children’s schedules.
When either parent intends to move
Relocation requests are common sources of conflict when parents divorce or separate. New jobs, new romantic relationships or proximity to family may all inspire one parent to relocate a significant distance from the other. When that happens, major changes may be necessary to make shared custody work for the family. Typically, any parent requesting a custody modification has the option of cooperating with the other parent. They can jointly request an uncontested modification. If they cannot agree on the terms for an uncontested modification, then the parent requesting an adjustment of custody generally needs proof that there have been changes to family circumstances.
Learning more about the rules that apply to child custody modifications can help parents find ways to cooperate. Shared custody can be a challenge, but keeping a custody order up to date can limit opportunities for conflict.