Is Modifying Child Custody or Support in California Difficulty, and When Can It Be Done?

In California, child custody and support orders are never permanent. Life changes, and child custody and support needs may be altered multiple times before your child is legally an adult. The question is, when and how is it done correctly?

Your and your child’s lives are always evolving, so say a time comes when you are not able to provide for your child but have received custody following your divorce. This would be a prime example for either parent to request a modification to their custody agreement.

However, you must note that the process for doing this is legally strict and, at times, very complicated.

Family lawyers know that this process is challenging and requires professional advice and guidance, and if you want it done correctly, you must obtain it.

In California, you can modify a child custody or support agreement anytime. But just because you request a change doesn’t mean a judge will accept the reasons for it.

For a request to be well received by the court, the change must be deemed necessary and in the child’s best interest.

Some common reasons for modifying a child custody or support agreement include changes in your child’s life that one parent isn’t capable of handling, difficulties with the parents, job changes, and more.

Other times, one parent may not follow the terms of the current agreement, acting irresponsibly, negatively impacting your child’s life, etc.

You must note that whatever the change is when presented to the court, it must be significant if you want it to result in an altered custody agreement. Your experienced, empathetic, and knowledgeable family lawyer knows this and how to professionally present and fight for your case.

Some Examples To Have Your Child Custody Agreement Modified?

There are myriad reasons for a change in a custody or support order, but one factor is the same: it must be based on a significant reason that affects your child’s life or needs.

When initially created, custody and support orders reflect your child’s current needs. However, their needs can change significantly as your child grows and matures.

For example, as children grow older, they may wish to spend more time with one parent or may have different educational or medical needs.

Just a few of the more common reasons to request an alteration of a custody or support agreement are:

  • Relocation – This is one of the most common reasons for modifying a custody or support agreement. Let’s say one parent has a life change and must move away. Modifying a custody agreement can help parents maintain a positive relationship with their child.
  • Change in a parent’s work schedule – Work changes can significantly impact an existing custody agreement. If parents must work longer hours or different shifts, it can be challenging for them to maintain their existing custody arrangement.
  • Parental Alienation – This occurs when one parent consistently tries to turn the child against the other parent. This act can harm the child and may require the custody agreement to be modified to protect the child’s well-being.
  • Abuse or neglect of the child – This is a severe issue for that child and the California court and can have long-lasting effects on the child’s physical, emotional, and mental health. Child abuse takes numerous forms, including physical abuse, emotional abuse, sexual abuse, or neglect. All of which, and more, would provide a sound reason for a drastic custody or support change.

No matter the reason, altering a child custody or support agreement in California can be a legally complex and emotionally charged process. So, for the sake of your child and your family, It’s mandatory to work with an experienced, compassionate, and professional family law attorney to ensure that your child’s rights are protected and their best interests are met.

What Should I Do To Request a Modification of Support or Custody in California?

In most cases, making a change request involves your lawyer submitting a properly prepared “Form FL-300, the Request for Order.” Once this is filed with the California court, the process begins.

Other forms, such as FL-311, may be needed to support your case, depending on your unique request and circumstances. Your well-versed, thorough family lawyer will know precisely what’s required. This is vital, as this process can be overwhelming at first, requiring precise information about you, your spouse, and your child.

So, professional help is necessary, for if any part of the forms or process is incomplete or incorrect, the court will significantly delay or deny it.

Your family lawyer, who is highly familiar with these filings, will help you complete all the necessary forms and provide valuable legal advice so you fully understand your options and significantly strengthen your case.

What Is the Court Process and How Can I Get the Best Possible Result?

Remember that every case involving a request for change of custody or support differs. For example, in some cases, the California court may order both parents to attend mediation if an agreement can’t be reached before going to trial.

If mediation or other negotiation fails, your case will go before the child custody or support hearing judge. Here, the judge will review all the forms submitted and any additional evidence. The judge then makes the final decision, signs the order, and it will go into effect.

This process can be stressful and rarely gives you the result that you’d hoped for or requested. The best path to take is to thoroughly discuss the changes with your compassionate child custody and support lawyer, let your lawyer negotiate with your spouse (or their attorney), and reach the best solutions possible for you and your child.

I Must Request a Change to My Child Custody or Support Agreement; What Should I Do?

Life is constantly changing, and your initial custody or support agreement may no longer fit your or your child’s life. The California court always wishes to ensure your child’s safety and give them a stable home life, even after a divorce.

However, the legal process of requesting changes can be incredibly daunting, and professional help is critical to successfully navigating the process.

The Law Office of Patrick O’Kennedy always takes a personal and compassionate approach to every case it manages, especially when serious matters such as child support and custody are involved.

Call them today at 714-701-6356 for a complete case evaluation. They will always listen to your needs and concerns, provide you with all your legal options, and prepare your case professionally so you and your child can fully achieve your wished-for goals.