Can Child Custody Be Changed After a Court Order in California?

Yes. A child custody order can be changed after a court order in California when circumstances have changed and a modification is appropriate for the child. California Courts explains that parents can ask the court to change an existing custody or parenting-time order by filing a Request for Order.

When Can Child Custody Be Modified?

For a final custody order, California generally requires the parent requesting the change to show a significant change in circumstances since the existing order was made. The requested change must also address the best interests of the child.

A change in circumstances may involve issues such as:

• A significant change in a parent's work schedule or living situation
• Changes affecting the child's school, home, or daily routine
• Concerns about a child's safety or well-being
• A parent’s ability to provide appropriate care changing
• Repeated problems with the existing parenting-time arrangement
• A substantial change in circumstances affecting the child's needs

The court considers the facts of each case and focuses on the child's best interests. Relevant factors can include the child's age and health, relationships with each parent, ties to school and community, each parent's ability to care for the child, and any history of family violence or ongoing substance abuse.

How Do I Request a Custody Modification?

A parent can generally request a change through the family court by filing a Request for Order (Form FL-300). The request should explain the existing order, what has changed, and the new custody or parenting-time arrangement being requested. Supporting documents or other evidence can also be included.

If both parents agree to the proposed changes, they may be able to submit their agreement to the court for approval. If they disagree, the court may hold a hearing and decide whether the requested modification should be granted.

Can Parenting Time Also Be Changed?

Yes. Parenting-time schedules can be modified when circumstances change. For example, a child's age, school schedule, or a parent's work schedule may create a need for a different arrangement. California Courts recommends obtaining an updated court order when circumstances significantly change.

Speak With a California Child Custody Attorney

Child custody modifications can involve important decisions about your child's schedule, care, and relationship with each parent. Dosh Law provides family law representation for parents dealing with child custody and parenting-time matters in Placerville and El Dorado County.

If you are considering a custody modification, contact Dosh Law to discuss your circumstances and available legal options.