California Info

California Divorce Start Your Divorce Find Professionals California Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum California Products Divorce by County

California Articles

Agreements Attorney Relationship Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Domestic Abuse Domestic Partnership Financial Planning Foreign Divorce Mediation Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Case Management Sign In

Network Sites

California Divorce Support California Divorce Online

Modifying Child Custody Agreements

A motion, or request, conducted after the rendering of a judgment is known as a post-judgment, or post-trial motion. In family law modification requests are usually made to alter child custody, child support and alimony judgments. If you are a parent who wants to request that your child custody arrangement be modified, you should take a look at the ways that they may be altered, as well as reasons that courts will consider plausible before granting a change in custody.

There are two ways a child custody agreement may be altered:

  1. The court has continuing power to modify custody orders at any point in time
  2. The parents can both consent to modification at any time

Under only certain circumstances may child custody arrangements be modified. Although child custody laws vary state by state, courts always consider stability and what is in a child's best interest when considering changes in child custody agreements. Typically, significant changes had to have occurred in the lives of any of the parties involved. Such changes can include:

  • The importance of rearing a child in a traditional family environment – This could mean that one parent has gotten remarried and highly regards the value of raising their child in a “normal” married family.
  • A substantial increase in the child's age – Depending on the state, children do not have the option of deciding who they would like to live with until they are 12 or 13 years old. If the child gets older and decides that he or she would prefer to live with the other parent, there may be a child custody modification.
  • A dramatic change to one or both parents' income level – If one parent is no longer able to maintain an expected level of care for a child, the other parent may gain custody of the child.
  • One parent relocates to another state – Most states allow the custodial parent to move with the child as long as the move is in the child's best overall interests. Courts will consider school life, how the move may affect extracurricular activities and the child's social life. The substitute visitation and modified custody will be adequate to foster a continuing meaningful relationship between the child and other parent.
  • The child's current living situation has posed a physical or emotional risk - The dangers can include domestic violence, the presence of a parent abusing drugs or alcohol or the existence of mental abuse.
  • The custodial parent is currently refusing visitation by the non-custodial parent - A court will generally consider a child custody modification if the current fixed visitation schedule has not been followed and/or if there has been a lack of communication between the parents.
  • The custodial parent has passed away – Child custody modification will need to be changed if the custodial parent has died. A court will need to determine if the non-custodial parent will assume full responsibility of the child, or if a third party like a grandparent will retain custody. They will consider the distance of the non-custodial parent from the custodial home, the non-custodial parent's financial condition and the child's desires.

If you are dissatisfied with the outcome of a family law trial or wish to modify your child custody arrangements it is important that you immediately speak with an attorney.


Was this helpful? Like our site & let us know.

Related Articles


Start California Divorce Start Your California Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
California Divorce Find California Divorce Professionals in Your Area:
Join the Network
California Divorce Products, Services and Solutions California Divorce Products, Services and Solutions
California Divorce Resources to Help You Through the Process.
Online Parenting Class California Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free California Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
Separate property is property acquired before marriage, property received after the date of separation, inheritances, and gifts. Separate property is not divided in the divorce. Debts incurred before getting married or incurred after separating are separate property debts. Spouses are required to file proof of community and separate property on a Preliminary Declaration of Disclosure.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for a California Divorce

 

Settle Your Divorce Negotiate Your California Divorce

 

Support Forum California Support Forum

Children In Between - Online Parenting Class


FEATURED TOOL - The Divorce Encyclopedia IPhone App (Search 1000 terms from A-Z)

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"