The Who, What, When, Where Why of Child Custody Modifications
When a child custody order is finally signed, many parents feel an enormous sense of relief. Even if the outcome was not perfect, there is comfort knowing that a clear plan is now in place that outlines how parenting time, decision-making, and responsibilities will work moving forward. However, things change. Children grow, jobs change, parents relocate, and circumstances evolve. And when those changes affect a child, a previously finalized custody order may no longer serve the child’s best interests. That is where child custody modifications come into play.
While child custody orders can be modified, they are not revisited casually. Courts value stability and continuity for children. Understanding when, why, and how custody modifications work is critical whether you are considering requesting one or responding to one.
What is a Child Custody Order Modification?
A child custody order modification is an official court-approved change to an existing child custody order, whether it is a temporary or permanent child custody order.
A modification might involve:
- Changes to physical custody or visitation schedules
- Adjustments to legal custody (decision-making authority)
- Reworking an arrangement that is no longer practical or beneficial
It is important to note that a custody order modification is not the same as parents informally agreeing to occasional flexibility. While cooperative co-parenting is encouraged, only a court-approved modification changes the enforceable custody order.
Who Can Request a Child Custody Order Modification?
The modification process allows either parent to request changes to an existing child custody order. But, a court will not change an order simply because someone wants it to change. The court values stability in the child’s life. The court is not interested in becoming a revolving door mediator at every turn for a high-conflict co-parenting unit.
To move forward, a request must meet specific legal standards which brings us to the “when” and “why.” When and Why Will a Court Modify a Custody Order?
Under California law, a court will modify a temporary custody order if it is in the best interest of the child. If the custody order is permanent (you can determine this if the order includes or cites the Montenegro case), a court will modify it if there has been a substantial change in circumstances. A “substantial change” means something significant has occurred that justifies modifying the existing order. Simply disliking the arrangement, finding it inconvenient, or wanting more time with the child is not enough.
Common circumstances that may justify a modification include:
- A significant change in the child’s needs or, in some cases depending on the child’s age and maturity, the child’s expressed preferences
- A parent relocating such that the current order is no longer workable
- Concerns about a parent’s fitness (substance abuse, mental health issues, neglect, etc.)
- Repeated failure by one parent to follow the existing custody order
If you are seeking a modification, the process generally includes the following steps:
- Determine Whether You Have Legal Grounds: This foundational step is critical to avoid wasting time and resources, and bad optics before the court.
- File a Request for Order (RFO): A RFO is a motion that formally asks the court to modify the existing custody order. In California family court, you will use form FL-300.
- Prepare a Detailed Declaration: Your declaration should clearly explain what has changed and why the modification is in the child’s best interests. Specific facts matter. Your declaration should be attached to your FL-300.
- File the RFO and Serve the Other Parent: You must file your RFO and supporting documents with the court and property serve a copy of the RFO and supporting documents on the other parent.
- Attend Mediation: Some counties require that the parties attend mediation when there are custody and visitation issues in dispute. Mediation is coordinated through the courthouse and scheduled prior to the court hearing. Some counties are recommending counties, which means the mediator will give a recommendation to the court on the disputed issues.
- Attend the Hearing: Both parents will have an opportunity to present evidence. The judge will decide whether to modify the order.
Contact Cardwell Steigerwald Young LLP
The guiding principle is always what is in the child’s best interests. Child custody modifications are complex, fact-specific, and emotionally charged. Whatever circumstances you and your family are facing, you do not have to navigate the legal complexities alone. For years our team has helped families face their next legal steps with confidence and understanding. For experienced legal help in your own case, contact one of the respected San Francisco family law attorneys at Cardwell Steigerwald Young LLP.
Source:
selfhelp.courts.ca.gov/request-for-order/custody-visitation
