Modification of Custody and Visitation
It is often the case that as children get older the custody orders put in place when they were much younger are no longer convenient or as ideal as they once were. The schedules stop working either because of changes in the parents' lives or the child's life. California law understands that children grow up and lives change and allows either party to petition the court for a modification of custody and visitation.
To get a modification the requesting party must show a substantial change in circumstance affecting the welfare of the children which has occurred since the order was made. Once the change in circumstance requirement is met to the court's satisfaction the custody determination the court will then review the situation and make a determination in the best interest of the child.
No change of circumstance is required in the following situations:
- The order being modified is a pendent lite order (a temporary order)
- When there is no change in the "labeling" of the custody but only of the specific times and schedules
- In a move-away where the parties have a substantially equal timeshare the court will not require a factual showing of change of circumstance other than the move
A child's wishes carries more weight in a modification hearing because they are older than when the original order was made and because they are aware of what the situation has been and can make a mature decision about why it should be different.
If you have a custody order that is no longer working or you need to fight an unreasonable request for a change in custody and visitation contact the Law Office of Erica C. Affinito so she can fight for you. Nothing will ever be more personal or more important than the welfare of your children. Don't wait, call today.