Three times parents may need to modify a California custody order

Three times parents may need to modify a California custody order

A California custody order addresses parental rights and responsibilities. It includes an overall breakdown of parenting time or physical custody. It also allocates decision-making authority or legal custody.

There is a general expectation that parents should follow the terms outlined in a custody order. Unfortunately, custody orders can become outdated as family circumstances change. Parents may then need to consider going back to family court in pursuit of a custody modification.

A modification is a formal adjustment of the custody order approved by a family law judge. What are some of the scenarios in which a custody modification might be necessary?

1. One parent relocating

Move-away scenarios are one of the top reasons for parents to seek modifications. If either parent intends to move to a different school district, county or state, their relocation could have major implications for the division of parenting time and legal authority.

Parents often need to modify their custody orders when one adult intends to move. They do so either by cooperating or by litigating and asking a judge to address the upcoming change in family circumstances.

2. One parents failing to uphold the order

Violations of custody orders may give rise to modification requests. Some parents seek parenting time primarily to “win” in a divorce or to minimize their financial support obligations. If they do not show up for their parenting time consistently, requesting a modification might be in the best interests of the children.

Other times, one parent might interfere in the other’s relationship with the children. They might cancel or shorten parenting sessions. Parents can modify custody orders in cases where they can show a pattern of inappropriate behavior and a refusal to abide by the court order.

3. Significant changes in family circumstances

There are all kinds of family changes that might force parents to reevaluate their custody arrangements. The children transferring to a new school or a parent taking a new job could lead to custody disruptions.

A new relationship, a parent struggling with substance abuse or a major shift in family dynamics could also all be reasons to request a modification. If there’s a significant change in family circumstances, a judge may agree that the current custody order no longer upholds the best interests of the children.

Parents can either modify custody orders through mutual agreement or through ligation. Recognizing when child custody matters require review can help parents assert their rights and stand up for their children’s best interests.