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September 22nd, 2017

Courts do not take the subject of modified child custody laws lightly. But, if the court believes that a modification is truly in the best interests of the children involved, But they will not hesitate in modifying existing child custody orders if they feel modification is really in the best interest of the children involved.

Courts in California like to see both parents play a large role in their children’s life. Courts tend to lean towards decision that accommodate the idea of the parents playing a big role in the kids lives.  Courts typically give the benefit of the doubt to whichever party’s request will lead to the parents sharing equal time with their children.  If a modification of the current custody order will bring the court closer to what they feel is fair, then the modification has a better chance of being granted.

You will have to show a big change in circumstance if you are seeking a modification.

Listed below are situations where modification of child custody could be necessary:

  • Relocation of one of the parents: California, like most states, have very strict regulations on where you can travel with the children involved. Consent from the other party is almost always required.  A modification in custody orders may be needed to accommodate everyone if a parent moves to a different location
  • Change in Marital Situation for One or Both Parents: If a parent re-marries it could change the lifestyle of all family members involved. If the new marriage creates problems in anyway and adversely affects the children, then a modification in custody may necessary.
  • Problems with Existing Orders: If the current custody orders are very one-sided and favoring one party of the other, or especially if it is burdensome in anyway on the children, that could be grounds for a custody modification.
  • Wishes of the Involved Children: The court always takes into consideration the requests of the children involved, as long as they are age-appropriate to verbalize these wishes. The older the child, the more weight their preference will carry. 

Even if your request falls under one of these situations, you will have to show a “substantial change in circumstances,” and that this will truly be in the best interests of the involved children.

If you have any questions, do not hesitate to schedule a free consultation with one of our experienced San Diego Divorce Attorneys. Call us today at 619-232-9260.