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If you need to modify your child custody order, what are the reasons a judge will allow? Certain court orders are modifiable by the California courts after a final judgement has been made. The most common areas for post-judgment modification of orders include child custody/visitation orders, child support orders, and spousal support orders. Keep reading to find out how you can modify your existing child custody order.
REASONS A JUDGE WILL AWARD A CHILD CUSTODY MODIFICATION
Some reasons a judge will allow a modification to a child custody order include but are not limited to the following:
- Child’s needs have changed
- Child is in danger (physical, emotional, sexual, or psychological abuse)
- One or both parents’ situations have changed
- The non-custodial parent’s work schedule changed
- The non-custodial parent moved closer to the other parent
- Child’s preference (the child wants to live with or spend more time with the non-custodial parent)
- One parent needs to relocate
- One parent is being irresponsible (not getting the child to school on time, abusing alcohol in front of the child, etc.)
- One parent refuses to follow the child custody order
WHEN CAN YOU FILE FOR A CHILD CUSTODY MODIFICATION?
You can seek a modification of a child custody and visitation order at any time if you can show the court that a significant change of circumstances has happened since you entered the first order. You will also need to show how the modification is in the best interests of the child.
It is also important to note that the court can modify a child custody order at any point until the child turns 18 years old.
All it takes is for one parent to request modification with the court and for the judge to agree. The parent who wants to modify will typically make their request with the help of their attorney.
Contact our firm online or by calling (916) 512-8944 to schedule a consultation to discuss your child custody order modification.