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Changing Child Custody In San Diego, California Cases

Posted by Thomas Huguenor on January 15, 2015 in Child Custody

This is the first post in my new series discussing how to modify an existing California child custody order. I am writing this series because many people often wonder if it is possible to change their custody situation once the Court has reached a decision. There are several circumstances in which an existing custody order will be changed. During this series I will discuss both the process and specific examples of when a change of custody is appropriate.

Over my next several posts I will examine topics such as:

  • When to file for an emergency modification of your custody order
  • When the Court will consider your circumstances to have changed enough to justify a custody modification
  • An explanation on the California’s child custody modification process
  • How to defend a custody modification request

California allows one to file for a custody modification when there has been a significant change in circumstances. This language may seem broad but it needs to be in order to cover a number of different situations. A change in circumstances may refer to a change in the child’s situation – such as a change in educational need, a change in health care, a change in behavior, or a change in living preference. The terms may also refer to a parent’s change in circumstance- a change in employment, living environment, or work schedule for example. While many things may constitute changed circumstances, the law is clear that a change must have occurred before one can request a custody modification. You may not request a change in custody simply because you want it. If you lack a legitimate reason to request modification then you can expect your request to be denied.

Requesting a modification of custody can be fairly simple if the other parent supports the change. However, if the other parent wishes to defend against the request it can be an uphill battle. If you believe you have grounds to request a modification to the custody order then it is important to speak with a San Diego family law attorney to discuss your needs. Contact our us today to schedule an initial consultation.

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Posted in: Child Custody

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