If you are navigating a recent change in your employment, health condition or residential location, you may be able to request the California family courts for an update in your existing child custody order.
However, before you pursue this change, it is important to gain some familiarity with three commonly asked questions that tackle child custody modification processes in the state.
How do courts determine the child’s best interests?
In California, the custody and visitation order are determined by the courts through six essential factors that work towards the prioritization of your child’s best interests. These are:
- Your child’s age and health
- Your child’s emotional ties with you and your ex
- Your child’s ties to their school and community
- You and your ex’s physical and mental capabilities to care for your child
- If there is a history or ongoing substance abuse from either you or your ex
- If there is a history of family or domestic violence
Keep in mind that each petition for order modification is reviewed by the courts on an individual basis and may take months of assessment and completion.
When can I modify my original custody order?
Both you and your ex have a right to request for custody order modification. However, you must fill up and complete the required paperwork and be able to show proof to either of your “substantial change” in circumstances. Some common reasons may include:
- A significant increase or decrease in income
- A relocation that makes visitations challenging or unworkable
- A significant change in your health condition
- A significant change in your child’s educational or medical needs
- A family expansion (e.g., remarriage, birth of new child)
- A safety concern that can endanger your child’s physical and emotional well-being
Since you are requesting an update of a court order, you must ensure that you are using the same case number as your original order. You may file your petition on your own or with the help of a family law attorney.
What can I do if I get served with a petition by my ex?
If you get papers served by your ex, you can first try to discuss the matters in a civil way or with the help of a third-party mediator. If you and your ex can reach an agreement before your hearing date, you can sign your mediation custody agreement and present this to the judge instead.
You may also respond to your ex’s petition formally and present your side of the case during the hearing.
Moving forward requires adapting to changes
By understanding your rights and being aware of the legal processes involved, you can pursue a request for custody order modification and attend your hearing with confidence.