Family Law
Circumstances that Warrant Child Custody Modification

Circumstances that Warrant Child Custody Modification

Date: Mar 28, 2023
In: Family Law

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Circumstances that Warrant Child Custody Modification

The child custody terms you were handed down when your divorce was finalized may or may not have worked well at the time, but they are court orders. While you cannot request a modification simply because you do not like your child custody terms, there are certain situations when you can. If you believe a child custody modification is warranted, reach out for the skilled legal guidance of an experienced California child custody attorney

The Basis of Child Custody Modifications

You can seek a child custody modification at any time if you can demonstrate to the court that you have experienced a relevant and significant change in circumstances that makes a modification in the best interests of your children. Prime examples include:

  • Your children’s needs have changed, such as when a child obtains a driver’s license and takes on a part-time job of their own. 
  • You and your ex now live considerably closer to one another or considerably farther apart from one another.
  • You or your ex’s work schedule has changed.
  • You or your ex is relocating.
  • Your children’s preferences have changed – for those children who are considered mature enough to offer reasonable preferences.
  • Your ex refuses to adhere to the child custody arrangements ordered by the court. 
  • Your ex is not taking their parenting responsibilities seriously enough, and it is affecting your children adversely.
  • You believe your current child custody arrangements jeopardize your children’s safety, such as if your ex has become abusive. 

In order to obtain a child custody modification, the burden is on you to prove that your circumstances have changed significantly enough to warrant a modification. 

Your Children’s Best Interests

It is important to note that California always allows the best interests of the children in question to guide their child custody determinations, including those related to modifications. As such, factors like the following will play a role in whether or not your requested modification is approved:

  • Each child’s age
  • Each child’s overall health, safety, and well-being
  • The closeness between each child and each parent
  • Each child’s needs, including any special needs, and each parent’s ability to adequately address them 
  • How well the children have adapted to their current living situation, including their home, school, and community
  • How committed each parent is to supporting each child’s ongoing relationship with the other
  • How committed each parent is to maintaining an open line of communication with the other

Generally, no one factor takes precedence over the others. Instead, each is considered an important part of the overall whole.  

Discuss Your Case with an Experienced California Child Custody Attorney Today

The well-respected child custody attorneys at Miranda, Magden & Miranda, LLP, serving both Monterey and Salinas, are well prepared to skillfully advocate for your parental rights – in pursuit of child custody terms that work for you and your children. Do not delay reaching out and contacting us for more information about how we can help today. 

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