When Can I Modify Child Custody After a California Divorce?
If you are not satisfied with your current child custody agreement in California, you might be wondering if you can modify it. Many other parents have exactly the same thoughts, and it may be possible to modify your child custody agreement under certain circumstances. However, this process could be more challenging than you realize.
Milligan, Beswick, Levine & Knox, LLP is here to help. Our experienced Redlands child custody lawyers can guide you through this process from start to finish, allowing you to spend more time with your children. Stephen P. Levine is a child custody attorney who has spent many years helping parents in California, and he began practicing law in 1977. James L. Knox is one of the most well-known litigators in San Bernardino County, and together, these child custody lawyers guide parents toward positive outcomes.
Understanding Changes in Circumstances
Like other States, California only allows divorced or separated parents to modify child custody orders in certain situations. You cannot change these agreements “on a whim.” Before you move forward with your modification, you must show the court that something major has changed since the initial agreement went into effect. These generally involve factors related to the child’s best interests, as family courts rarely consider anything but the best interests of the child when making custody decisions.
Modifying Child Custody Due to Relocation
If you are thinking about moving somewhere new with your minor child, you should communicate that with your co-parent. If your co-parent is not in agreement with the move, you can pursue it through legal channels with the help of a family law attorney. Under the terms of your custody agreement, you may need to take issues like these to mediation before litigating them in court.
If one parent moves to a new home, this may be a “significant change in circumstances” in the eyes of California family courts. For example, one parent might move much further north from Riverside County, creating a considerable distance between the two homes. In this situation, you may believe that the previous parenting schedule no longer makes sense. How will your child travel across the entire state each week? How will they continue to attend school or maintain ties with their local community? How many hours will your children need to spend traveling each month, and who will pay for these transportation costs?
The family court may share these concerns and modify the child custody agreement in many ways. The court may decide that the children should spend their summers with the spouse who moved away, allowing them to continue attending school in their local community while ensuring approximately equal parenting time. In some cases, they might prevent the parent from moving away if they feel this is in the child’s best interests.
Modifying Child Custody Due to Abuse
If new evidence of child abuse arises, this is an obvious reason to modify your child custody agreement. If you believe that your ex is abusing your child, you have every right to take legal action as soon as possible. Note that you may have to gather evidence of this abuse or neglect, and this is something that an experienced child custody attorney can certainly help with.
For example, you may have noticed strange bruises on your children. You might also notice that their clothes are becoming torn and disheveled. Your child might show signs of poor hygiene or malnutrition. If you document these signs and gather sufficient evidence, you might be able to convince the family court that modification of child custody is necessary.
Also note that if the court finds that a parent has knowingly and willfully lied about child abuse, then a change of custody can be granted.
Modifying Child Custody Due to Successful Completion of Substance Abuse Treatment
Many parents in California are denied access to their children because of substance abuse issues. However, you may be able to reclaim your parental rights after successfully completing treatment programs. Once you have completed a substance abuse treatment program, you could petition the court to modify your child custody arrangement and provide you with more access to your children.
You should know that substance abuse is only one potential factor that family courts consider when addressing child custody. Even a parent who is struggling with addiction may spend time with their children after divorce. This is especially true if the addiction does not endanger the children or affect their lives in any meaningful way. Speak with an experienced child custody lawyer for more guidance on this complex issue.
Modifying Child Custody Due to Parental Alienation
Parental alienation is something that California family courts take very seriously. Essentially, this is when parents disparage or criticize one another in front of their children. As a result, children feel alienated from their own parents – and this can cause psychological turmoil. If you believe your ex is intentionally driving a wedge between you and your children, you could bring this to the attention of the family courts. The court may subsequently penalize your ex for their actions and modify your child custody agreement accordingly.
Modifying Child Custody Due to a New Disability or Health Issue
If one parent encounters a new disability or health issue, this could reduce their ability to care for their children. As a result, it might make more sense for the other parent to take on primary parenting responsibilities on a temporary or permanent basis. For example, your ex might suffer a traumatic brain injury and struggle with memory loss. Perhaps they have become paralyzed after a car accident. Addiction is another example of a health issue. If your ex’s substance abuse problems begin to spiral out of control, this may constitute a change in circumstance that necessitates modification of custody.
These disabilities can drastically affect the best interests of the children. Although the court may have previously given your ex primary physical custody, they may now believe that you are better suited to handle most of the parenting duties.
Learn More About Custody Modifications With Milligan, Beswick, Levine & Knox, LLP
If you are ready to explore your options for custody modifications in more detail, an established child custody law firm is here to help. At Milligan, Beswick, Levine & Knox, LLP, you will find experienced Redlands child custody attorneys who can provide meaningful assistance. Our track record speaks for itself, and we pride ourselves in fighting for the rights of parents in California. Getting started is easy. Simply call 909-894-0812, book a consultation, and discuss your next moves at our established child custody law firm.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.