Certain situations arise after divorce that necessitate parents to modify their California custody agreement. Modification requests, in family law, are typically done to alter custody of the child, alimony judgments, and child support. If you have, as a parent, experienced major changes in circumstances (personal and/or professional), your request to bring about changes in child custody agreement is justified.
How to Modify a California Custody Agreement
To alter child custody contract in California, you must ask for a court hearing, provided the other parent in question is not agreeing to modify the existing arrangement. You must submit a duly filled-out Form FL 300 to process your request. You would then have to draft a plan that details scheduled visits, which include holidays and several other bits of information that fit your new parenting plan the best.
You should explain why you believe changing the current custody order is necessary. In fact, this is a vital component of the modification in child visitation or custody request. Generally, testifying verbally during a court hearing is restricted. This means the judge heavily relies on written paperwork while duly considering the issue. You would also have to append a proposed parenting plan or schedule if you’d like the plan to become an integral aspect of the legal order.
Once the paperwork has been completed, make two copies. File both copies with the clerk, seek a court hearing date, file service proof, and attend the hearing. If you’d like to have assistance with preparing the motion for custody change paperwork, including a complete declaration that explains your stance or reasons for modifying the current arrangement, contact a family attorney in Rancho Cucamonga.
Reasons for Modifying Child Custody
A child custody order could be altered any time. The following are some common reasons why child custody orders are changed:
- The parent not in custody of the child needs to relocate for personal or professional reasons.
- The child has been positioned or pushed into a dangerous environment by the non-custodial parent.
- The religious practices of the parent are harming the child.
- The custodial parent isn’t providing rightful contact to the non-custodial parent.
- The parent is not taking care of the child properly—such as not ensuring the kid reaches school on time, or not keeping up with the child’s scheduled dental and medical appointments.
Child Custody Modification – Legal Grounds
A parent asking for a modification in child custody order should do so on legal grounds. In other words, a change in living conditions or circumstances of one of the parents is a must. “Change in circumstances” indicates a major change has occurred, warranting an alteration to the child visitation and custody agreement, in the child’s best interests. The court would consider the preference of the child as an element of arriving at a decision.