How Do I Modify a Custody Agreement in California?
Sometimes the financial or personal circumstances of a parent can change. When this happens, you may modify an existing decree, such as a child custody or support order, in order to reflect these changes.
If you need help modifying an existing court order, you have come to the right place. We, the skilled legal team at the Law Offices of Kenneth U. Reyes, P.C., can help you petition for modification in a timely and appropriate manner.
Call (213) 798-4854 or contact us online to learn more about your rights in a consultation with our Los Angeles modification lawyers.
Types of Court Order Modifications
Court orders related to family law are typically modified when there is a significant change in circumstances that justifies a revision. Below are the most common types of modifications that are pursued in Los Angeles family law cases:
Child Custody Modifications
Child custody arrangements are often the most common family law issues that require modification. As children grow and their needs change, parents may need to adjust custody schedules or living arrangements.
Some of the reasons a child custody modification may be necessary include:
Change in Parental Circumstances: If one parent’s work schedule, health, or living situation has changed, it may be necessary to adjust the custody arrangement.
Relocation: If one parent plans to move to a different city or state, this may impact the custody arrangement, as the distance between the parents increases. Courts generally consider whether the relocation would be in the child's best interest.
Child’s Wishes: If the child is old enough, their preferences may be taken into account when determining custody modifications. However, the court will still prioritize the child’s well-being and safety over their personal preferences.
Parental Behavior or Lifestyle Changes: If one parent has engaged in abusive or neglectful behavior, such as substance abuse, it may warrant a change in custody to protect the child’s safety.
To modify child custody arrangements, our Los Angeles modification lawyer can help the requesting parent must demonstrate that the change is in the best interest of the child. The court will review factors such as the child's relationship with each parent, the child's safety, and the ability of the parents to cooperate and co-parent effectively.
Child Support Modifications
Child support orders can be modified when there is a significant change in circumstances, such as a change in income, job loss, or a significant increase in the child’s needs.
Some reasons for modifying a child support order include:
Change in Income: A significant increase or decrease in either parent’s income can justify a modification of child support. For instance, if a parent receives a substantial raise or loses their job, this may impact the amount of child support they can pay or should receive.
Change in Custody: If the custody arrangement changes, this may affect child support. For example, if the non-custodial parent gains more time with the child, they may pay less in support.
Change in the Child’s Needs: If the child’s needs change significantly, such as requiring special education or medical care, this can lead to a modification in support to accommodate these needs.
Medical or Other Extraordinary Expenses: If the child’s medical or other necessary expenses increase, child support can be modified to reflect those new costs.
In order to modify a child support order, the requesting parent must show that there has been a material change in circumstances since the original order was issued.
Spousal Support Modifications
Spousal support, or alimony, is often awarded in divorce cases, and it may be subject to modification if there is a significant change in circumstances. Our Los Angeles modification attorneys can support your modification request gathering evidence and representing you in court.
The following are common reasons for requesting a modification of spousal support:
Change in Income: If either spouse’s income changes significantly, it may justify a modification of spousal support. This could occur if the paying spouse experiences a loss of income or the recipient spouse becomes financially independent.
Co-habitation: If the spouse receiving spousal support moves in with a new partner, the paying spouse may request a modification of spousal support based on the change in financial circumstances.
Remarriage: If the recipient spouse remarries, the paying spouse may request a modification or termination of spousal support.
Health Issues: Significant changes in health can also be a basis for modifying spousal support. For example, if the paying spouse becomes seriously ill and is unable to continue working, they may be entitled to a reduction in the amount of support they pay.
Visitation Modifications
Visitation arrangements are generally part of a larger custody order but can be modified separately under certain circumstances. A parent may seek a modification to visitation for reasons such as:
Change in Parental Circumstances: As with custody modifications, changes in a parent’s life, such as a new job or moving to a new home, may require adjustments to visitation schedules.
Child’s Preferences: As children grow older and develop their own preferences, they may want changes to their visitation schedule. However, the court will still consider the child’s best interests before making any modifications.
Parental Behavior: If a parent’s behavior changes in a way that negatively impacts the child, such as engaging in harmful activities or neglecting their parental duties, visitation may be modified to protect the child.
The Process of Modifying a Court Order
The process for modifying a court order in Los Angeles begins with filing a formal request with the court. An experienced Los Angeles modifications attorney can help guide you through the legal process. Here’s a general overview of the modification process:
Filing a Request for Modification: The first step in modifying a court order is filing a formal request with the court. This is typically done by completing and submitting a motion or petition to modify the existing court order. The filing party must clearly state the reasons for the modification and provide evidence to support their request.
Serving Notice to the Other Party: Once the motion or petition is filed, the other party must be notified. In family law cases, this typically involves serving the other parent or spouse with a copy of the request for modification and related documents. The other party has the right to contest the modification and will be given an opportunity to respond.
Court Hearing: In many cases, a hearing will be scheduled to review the modification request. During the hearing, both parties will present evidence and arguments to the court. The judge will consider the best interests of the child, changes in circumstances, and any other relevant factors before deciding whether to approve or deny the modification request.
Court Decision: After reviewing all the evidence, the judge will issue a ruling. If the court finds that a substantial change in circumstances exists, it may grant the modification. The judge may issue a temporary order until a final ruling is made. Once a final decision is reached, the modified order will be legally binding and must be followed by both parties.
Do I Need a Lawyer for Court Order Modification?
When looking to modify a support or custody order, you can rely on our experienced Los Angeles modifications attorneys at Law Offices of Kenneth U. Reyes, P.C.. Our philosophy is to seek out the most efficient strategy to resolve each client's dispute and legal problems without compromising their interests.
Since 1991, we have made a name for ourselves by providing high-caliber services that are rooted in professionalism and open communication. Our Los Angeles family law firm can help you work toward the most positive result possible.
We offer our clients the following:
Individualized attention from start to finish
Cost-effective strategies that are aligned with your goals
A sole lawyer dedicated to your case, from beginning to end
One of the few California attorneys who is both a Certified Family Law Specialist (CFLS) by the State Bar of California Board of Legal Specialization and a former Certified Public Accountant (CPA) happens to be our firm's founder. Drawing from this extensive CPA experience, we can take a look at your financial situation and factor this into your modification petition.
The Law Offices of Kenneth U. Reyes, APC is here for you and your family. Our legal team can review the details of your case and provide you with a results-driven strategy that is designed to meet your needs.
Whether you are seeking to modify your custody agreement to get more parenting time or full custody, we will stand by your side as a strong legal advocate!
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