September 16, 2022

Child Custody Modifications

child custody modifications

If you are considering or have been served with a notice to modify your child custody arrangement, it is essential to understand the process and what you can do to protect your rights.

In this article, we at the Manzoor Law Firm will review some of the most important things to know about modifying a child custody arrangement in California. Remember that each state has its own rules, so be sure to consult with a Roseville child custody attorney before taking any action.

What Is Child Custody Modification?

Child custody modification is the legal process of changing an existing child custody arrangement. A child custody arrangement can be modified if there has been a change in circumstances since the original order was made and if the modification is in the best interests of the child.

There are two types of custody arrangements: legal and physical.

Legal custody refers to the right to decide about the child’s upbringing, including education, health care, and religious affiliation.

Physical custody refers to where the child will live and who will have responsibility for their day-to-day care.

A custody arrangement can be modified for either legal or physical custody. Contact your Roseville child custody attorney today to learn more.

What Constitutes a California Family Law Change of Circumstances?

Since the original order was made, there must be a material change in circumstances to modify a child custody arrangement.

A material change in circumstances is a significant change that affects the child’s welfare. Some examples of material changes in circumstances include:

  • A parent getting a new job that requires them to travel frequently
  • A parent being diagnosed with a serious illness
  • A parent going to jail or prison
  • The child experiencing bullying or other problems at school

It’s important to note that a change in circumstances does not have to be negative to be considered material. For example, if the custodial parent gets a new job that pays more money and allows them to provide a better life for the child, that would be a material change in circumstances.

How Often Can Child Custody Be Modified?

child custodyWhen a custodial arrangement is already in place, it can be difficult to make changes. The court will only modify an existing custody arrangement if there is a showing of changed circumstances that impact the child’s welfare. To successfully modify a custody arrangement, you must demonstrate to the court that the current arrangement is no longer in the child’s best interests and that a modification is necessary.

The frequency with which a custody arrangement can be modified will vary from state to state. In some states, there is no limit to the number of times. In others, there may be a limit of one modification per year or every two years.

Are There Changes in Your Life That Need Custody Modification?

If you are considering modifying a child custody arrangement, consulting with an experienced family law attorney is important. An attorney can help you understand the process and what you need to do to protect your rights.

So, if you think your circumstances or the child’s circumstances have changed enough to warrant a modification, contact a Roseville County family law attorney to discuss your options.

Filing for Child Custody Modification

The first step to modifying the custody order is to file a petition with the court. The petition must state why the custodial arrangement should be modified and must be served on the other parent.

Once the petition is filed, the court will set a hearing date. At the hearing, both parents can present evidence and witnesses supporting their respective positions. The court will then make a determination based on the child’s best interests.