Life changes. What worked for your family at the time of a custody order may no longer meet your child’s needs. At Irwin & Irwin, we help parents throughout Orange, Los Angeles, Riverside, and San Bernardino counties understand how to request modifications to existing custody arrangements in California.
When Can You Request a Custody Modification?
California courts allow custody modifications when there has been a significant change in circumstances since the original order was made. This change must affect the child’s well-being or the current custody arrangement’s ability to serve the child’s best interests.
Examples of changes that may justify a modification include:
- A parent is relocating
- A change in a parent’s work schedule
- Concerns about a child’s safety
- One parent is not following the current order
- A child’s needs have changed due to age, school, or health issues
Legal Standard for Modifications
If you and the other parent agree on the new custody terms, you can submit a written agreement to the court for approval. If you do not agree, the requesting parent must file a formal request and prove that the change is in the child’s best interest.
For final (not temporary) custody orders, the court requires a showing of a “significant change in circumstances.” This is designed to provide stability for the child. Courts do not modify orders lightly, especially if the current arrangement is working.
The Process to Modify Custody
- Complete the necessary forms: Usually, this includes a Request for Order (Form FL-300) and a declaration explaining the change.
- File the paperwork with the court: Submit your documents to the family law clerk’s office in the county where your case was originally heard.
- Serve the other parent: The other parent must receive legal notice of the request and have an opportunity to respond.
- Attend mediation (if required): Some California counties require custody mediation before the hearing.
- Go to the court hearing: A judge will review the evidence and make a decision based on the child’s best interest.
What the Court Considers
Judges look at many factors when evaluating custody modifications, including:
- Each parent’s ability to care for the child
- Stability and continuity in the child’s life
- Any history of domestic violence or substance abuse
- The child’s relationship with each parent
- The child’s wishes (depending on age and maturity)
At Irwin & Irwin, we help clients present clear, well-supported requests for custody changes. Whether you are seeking more time with your child or trying to protect them from a harmful environment, we guide you through each step of the legal process.
If your custody situation needs to be updated, contact Irwin & Irwin to schedule a consultation. We will help you understand your rights and options under California law.
