Spousal support orders, child support orders, and child custody/visitation orders are some of the few modifiable final judgments in California. But the courts can easily throw out a child custody modification case if it does not meet the threshold of “proper or necessary.”
Therefore, understanding the acceptable grounds for amending the schedule is critical in petitioning a winning case in court. And as Orange County family law attorneys, we understand that your child deserves to grow up in the best possible environment, and it is your duty to make sure that they do.
Can the Judge Change Custody Arrangements When Either Parent Moves?
A parenting plan can be modified when the custodial parent moves. But not every relocation is enough to warrant a modification. The court can allow changes if the move:
- Will significantly impact the child, negatively or positively
- Puts significant strain on the non-custodial under the current schedule
Most custody agreements limit a parent’s ability to move by either requiring them to provide adequate notice before moving or forbids them from moving out of the state. This is generally a complicated issue that needs the representation of seasoned Newport Beach modification of orders lawyers.
What Happens When a Custody Order Isn’t Followed?
The initial custody order decided by the judge or resulting from the mutual agreement is supposed to be followed by both of you. A violation could be the other parent refusing to tell you when they take the child on out-of-town road trips, or bringing the minor late week after week.
In such cases, you can ask the court to modify the initial order by filing a petition with the assistance of Orange County modification of orders lawyers. The petitioner is required to provide adequate notice to the other parent before the case can proceed.
You might need to show how those violations are affecting the child’s welfare. While at it, you can also ask the court to hold them in contempt for those violations. Proper representation from an experienced legal expert can help you get a modification that is best for your child and favorable to you.
Can I Initiate Modifications if My Child’s Needs Have Changed?
A child’s needs as a toddler might differ from what they need as a teenager in high school. They might thrive better in certain environments than others, at various stages in their lives. So, if you can convince the judge that your child’s needs have changed, they might consider altering the custody arrangements in Orange County.
Besides, one parent could be better suited to take care of the child if they develop a physical, emotional, or mental disorder. In such a case, the judge might not hesitate to allow changes in the childcare schedule. Note that the parent seeking the changes is the one supposed to file the petition and prove that the changes are significant and have substantial effects on the child.
What If It’s a Parent’s Circumstances that Changes?
A parenting plan isn’t cast on stone because the courts recognize that a parent’s or the child’s situation can change. You ought to prove that the changes in the parent’s life will be impactful to the child’s well-being and their life in general.
In the same way negative changes can warrant modifications, positive changes can also call for amendments to order. For instance, a parent can be allowed to spend more time with their children if they have evidence of not abusing substances for some years and have maintained a stable job. Speak to Orange County modification of orders lawyers about changes in your life and they will help you prove it before a judge.
What Custody Changes Can be Made if My Child is in Danger?
The most critical consideration in a child custody case, is the child’s wellness. So, any form of endangerment is compelling enough for the judge to grant a modification. A parent that engages in behaviors that can be dangerous to the child can be removed as the custodian parent, and only receive conditional visitation rights. Endangerment can be in the form of:
- Serious mental health concerns such as hospitalizations, psychotic breaks, erratic or unstable behavior
- Abusing alcohol and drugs, which is an environment that can negatively influence them or cause them harm
- Acting or failing to act, which puts the child in danger of being abused by other people
- Verbal, psychological, sexual, emotional, or physical abuse
Remember that the first step to take when the other parent is abusing your child is to call the police to go to the scene. Once the little one is safe, you can discuss the matter with a modification of orders attorney in Newport Beach and Santa Ana to understand your options.
What Grounds Can’t the Court Modify a Child Custody Order in California?
The judge will look at several aspects when deciding whether or not to change a parenting schedule.
But the law forbids them from using certain other considerations in building their verdict. Here are things that shouldn’t matter:
- Sexual relations
- Sexual orientation
- Physical disability
These factors on themselves cannot be used in a child custody modification case. But if a parent presents evidence showing that some of the elements are detrimental to the minor, then it can become relevant in the determination.
Attorneys Committed to Offer Sound Legal Representation for Families
Change is sometimes beyond our control, and the best you can do for your child is to help them grow in environments that will help them thrive. So, if your co-parent’s, your child’s, or your own circumstances changes from how it used to be, you can take the initiative of making things better.
If a modification is likely to offer solutions, you an expert to help you navigate these issues. At Sarieh Law Offices Alc, we are family law attorneys who can handle the complicated legal aspects of the process for you. Call (714) 542-6200 to schedule a FREE consultation with us and begin the process of giving your child stability.