After a divorce or breakup with children involved, you will be given a court order that you must follow in terms of child custody and parenting time. You and the other parent may be able to follow the order for a certain period of time, but sometimes circumstances change. Maybe you need to relocate for a job. Perhaps there is strong evidence that the other parent is neglecting the child.
In these situations and others, you may need to change the custody order. You can do so, but you cannot do it on your own or even informally with permission from the other parent. You need to get a post-judgment modification approved by the court.
Judges understand that circumstances change and custody orders may need to change as the child gets older. Your lawyer can help you negotiate an agreement that will be acceptable to your ex-spouse and the courts.
There are many reasons why a judge will approve a post-judgment modification. Here are some common reasons.
Relocation
This is one of the most common reasons for a modification. A parent may wish to move out of state due to a job or to be closer to family. The move will often be approved, but the court will make custody decisions based on the best interest of the child.
Abuse or Neglect
This is a major issue that needs to be addressed immediately. Abuse or neglect warrants an immediate change in custody.
Not Following Custody Orders
If one parent is not following the custody orders, the court may limit the parent’s custody or change the custody to supervised visits only.
Change in Parental Circumstances
A parent who has changed for better or for worse may get their custody changed. For example, a parent who develops a substance abuse problem may get their custody rights taken away. Conversely, a parent who becomes sober after being addicted to drugs or alcohol may be able to get more custody as they recover.
Change in Child’s Needs
A child who becomes seriously ill or disabled may need to spend more time with the parent who can better care for them. This could mean a change in custody.
The Child’s Preferences
If the child is of a certain age (such as a teenager), the court may agree to a change in custody. This is especially true if the current custody schedule is interfering with the child’s life. However, a judge will not determine custody based on trivial reasons, such as the child not liking the rules at one parent’s house.
Contact Us Today
Life happens. Things can change in a child’s or parent’s life, and these changes may necessitate a post-judgment modification.
Petition the court for a modification with help from The Law Offices of Oliver Gutierrez. I can help you negotiate an agreement that will be acceptable to your ex-spouse and the courts. Se habla español. Call (650) 590-7675 or fill out the online form to schedule a consultation.
