Glendale Child Custody Modification Attorney
Child custody agreements aren’t set in stone, and they can be amended over time to accommodate changes in the lives of anyone involved. These changes must be significant enough to warrant a modification to the agreement, and any changes must align with your child’s best interests. A Glendale child custody modification lawyer can help.
How to Modify a Custody Order in California
If both parents can agree to the changes requested, they can create an updated plan on their own and then file it with the Superior Court of California at the courthouse where the original custody order was filed. If the judge signs the request, the new, modified order will be finalized and issued.
If you cannot reach an agreement with your co-parent, you will have to petition the court to make a modification. You must explain the change in your life, your child’s, or your co-parent’s that justifies a modification and prove its significance. It’s not enough to say that you find it difficult to follow the agreement or that you think it is unfair. Once you file your petition, the court will set a date for a hearing, where you will have the chance to make your argument.
Why Are Child Custody Order Modifications Necessary?
Custody order modifications are fairly common. There are a number of reasons a modification to a custody order could be necessary, including the following.
- Relocation
- Change in work status
- Changes in income
- Drug or alcohol abuse by a parent
- Proof of parental alienation
- Abuse or neglect of the child
- Violations of the existing order
The “Best Interests of the Child” Standard in California
California follows the “best interests of the child” standard when it comes to determining custody. This means the judge will weigh all the facts of the case in terms of how they benefit the child. California Family Code § 3011 details the factors the court uses to determine custody. Some of these factors include:
- The health, safety, and welfare of the child
- Any history of abuse by either parent
- The child’s relationship with each parent
- A parent’s history of drug or alcohol abuse
Family courts do not determine custody based on sex. In 2023, 25% of children lived with only one parent, and there were 38.1 million one-parent households.
What Is a Significant Change in Circumstances?
When applying for a child custody order modification, it must be determined that the change is necessary because the child’s welfare is affected. For example, if one parent wants to relocate, it can disrupt the child’s tie to the community, school, or current visitation plan. Another scenario would be if a parent develops a health issue that makes them unable to properly care for the child.
Collect any documentation that can demonstrate how the child’s welfare has been affected or could potentially be affected. This could be medical records, report cards, or witnesses. The more documentation that proves the need for a modification, the stronger your case will be.
Why You Should Hire a Child Custody Modification Lawyer
Child custody cases are always emotionally charged for parents, and you never want to let those feelings cloud your judgment. To guide you through the process and fight for your child’s best interests, turn to a Glendale child custody modification attorney. Attorneys are familiar with California’s child custody laws and the local county court’s procedures. Their experience and knowledge can be invaluable in protecting your rights throughout a custody battle.
The Khalaf Law Group has years of experience in family law and child custody cases, and we want to put our track record of success to work for you. We give each case the personalized attention it deserves, and we have a reputation for aggressively defending our clients. Your peace of mind is our top priority. Ted Khalaf is familiar with the local Los Angeles courthouses and is a well-respected family law attorney in the area.
FAQs
Q: How Long Does a Child Custody Order Modification Take?
A: How long it takes to modify a custody agreement varies case by case. If both parents agree to the proposed changes, a new order can be created more quickly than if one parent disagrees with the new plan and the case has to go back to court. It can take weeks or even months to resolve. In cases of emergency, the process could potentially be resolved in a few days.
Q: Do I Have to Go to Court to Modify a Custody Order?
A: No, you do not have to go to court to modify a custody plan. If you and your co-parent can agree on modifications, you can create a new plan with amended terms. If you decide to go this route, ensure everything is documented in writing and signed by you and your co-parent. File the new plan with the court that issued the original order, as this will protect your rights if a dispute arises.
Q: When Can I Request a Modification?
A: You can request a modification at any time, as long as you have a valid reason for doing so. There must be a significant change in circumstances for you, your co-parent, or your child in order to request a modification. You will have to petition the court to amend the order, informing the judge of the grounds on which you are making the request. At that point, you will receive a date for your hearing.
Q: Can a Child’s Preference Impact a Custody Modification?
A: At a certain age, the court will take a child’s wishes into consideration when deciding on custody. However, the primary concern remains a child’s best interests. If the court believes the best interests of the child do not align with what the child says they want, it will not factor the child’s wishes into the decision.
Child Custody Modification Lawyers Can Help
Whether you are creating a custody agreement for the first time or modifying an existing agreement, it can be stressful going through the legal process. You don’t have to do it alone. Contact the Khalaf Law Group today to hire a child custody modification lawyer. We can fight for your rights and protect the best interests of your child. Call us today to discuss your reason for modification and learn more about how we can help.