McCoy Fatula, APCMcCoy
Located in Roseville, CA

What Happens If a Child Custody Agreement Needs to Be Changed?

You and your former spouse have been complying with a child custody agreement finalized with the court a little over a year ago. However, you may have to relocate for your job. What now? Can you change your child custody agreement? The answer is yes, the laws in California allow you to seek a modification. While the modification may or may not be granted, you are at least are afforded the process to seek this change in your child custody order.

No matter what the request is for modifying an existing child custody agreement, there must have been a 1) substantial change in circumstances and 2) the change is in the best interests of the child.

How Child Custody Modifications Work In California

There are two paths to seeking a child custody modification in California. The first, is when you and the other parent both agree to the modification. It is still advised to get the help of a family law attorney to assist you with this process, even if the modification seems to be amicable. Forms must be filled out properly and filed with the court. A family court judge must sign off on the change and then the modified agreement properly filed.

However, when the modification is disputed, then parties may have to see a court mediator or even go to a hearing over the issue. In this situation, it is even more imperative that you have an experienced family law attorney at your side, who thoroughly understands California child custody laws and can advocate for you and your child's best interests.

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