Custody Modification: What If Your Kids Hate Living with Your Ex? Part II
Part I in this two-part series introduced readers to the basics of custody and when the courts will agree to implement a custody change to an established court-ordered custody agreement. While modifying a child custody agreement is a decision that should not be taken lightly, depending on the circumstances it is an important endeavor. And, as further discussed below, it does not necessarily have to be a prolonged process.
When Parents Agree, Custody Modification is Simple
Generally speaking, the court does not hold itself out to be more knowledgeable of what is best for the child than the child’s own parents. The courts do play an important role for children in many circumstances. However, unless a good reason exists to suggest otherwise, the court greatly defers to the parent’s judgement in deciding how the child’s best interests are served when it comes to custody matters.
This means that if both parents agree on what the custody modification should be, the parents will simply need to fill out some forms and await the court’s review of the submission. If everything is properly done and in order, and the court agrees that the proposed change would be beneficial for the kids, the judge will sign off on the modification. It is relatively simple.
The rub is, of course, when parents disagree. If parents cannot come to an agreement on their own, in order to modify the custody order one of the parents must file a request with the court asking for their requested modification. Once the request is filed, it’s possible to work with a mediator to try and create a new arrangement. If no agreement is reached, you may need to go to court and plead your case.
It is important to remind readers – a court-ordered custody agreement has the same permanence and authority as any other court order. Parents can benevolently offer flexibility or grace to their co-parent and operate with some wiggle room as they navigate the court order. However, the only official agreement that parents have to fall back on if the relationship with your ex goes sour is that one in place with the court. This means that even if both parents currently agree to whatever modification they have agreed on between themselves, it is almost always best to have this modification solemnized into the custody agreement itself by having it reviewed and approved by the court. That way, whatever comes, you know you can rely on custody terms that best serve your child’s best interest and your family’s well-being.
When and Why to Modify Child Custody Orders
Parents can seek custody modification at any time – but to be successful in their petition, they must offer valid justification for the change. Parents should anticipate that they will be required to prove there has been a significant change in circumstances since the original court order was put in place. This could, for example, include an out-of-state move.
You will also need to demonstrate how the proposed modification serves the child’s best interests. An experienced child custody attorney can help you analyze the facts in your own case.
Children’s Testimony
The courts may, in certain circumstances, take an older child’s wishes into account. If they are old enough to articulate their reasoning. A preference for one parent will not justify a custody change. California has developed regulations regarding children testifying in these kinds of matters. An experienced child custody attorney can help you understand how the law applies in your own case.
Contact Cardwell, Steigerwald Young
Changing family dynamics can be hard. Engaging with a child custody attorney can help. The San Francisco child custody attorneys at Cardwell, Steigerwald Young can help you as you navigate these life-changing decisions, and help to ensure you land in your best possible position at the finish line. Contact our office today to begin speaking with our team.
Source:
selfhelp.courts.ca.gov/child-custody-and-parenting-time-index
