When you divorced, you received child custody orders that were designed to address parental rights. Over time, your child custody terms may address your family’s needs less well, and under these circumstances, a child custody modification may be in order. If you have questions or concerns regarding your own child custody arrangements, consult with an experienced Orange County child custody attorney today.
The Easiest Path Forward
If you and your children’s other parent are in agreement on the matter of a child custody modification, you can hammer out terms that work for everyone in your family between yourselves and can expect the Orange County family law court to approve them. It’s important, however, to follow through by obtaining the modification to your parenting time schedule through the court in a written stipulation. Failure to do so can result in not having an enforceable agreement. Child custody orders are legally binding, and if your ex changes their mind about the arrangements you agreed on together, you will not be able to enforce the agreement.
Seeking a Modification through the Orange County Family Law Court
In order to obtain a child custody modification through the Orange County family law court, you’ll need to prove that there has been a substantial change in circumstances since your orders were originally made or were last modified. It’s this substantial change that supports the court’s intervention, and while each case is considered in relation to the unique circumstances involved, the type of issues that tend to fit the state’s requirements generally fall into several basic categories that you should carefully consider in relation to your own case.
The Children’s Needs Have Changed
As children age, their needs change significantly. Young children need constant care, while older children can be afforded a good deal more independence. As children reach their final years in high school, they may have cars and part-time jobs of their own, which can render your current parenting time schedule obsolete. If your schedule no longer makes sense for your family, it’s time to discuss your options with a trusted child custody attorney.
Either Parent Is Considering a Move
When the primary custodial parent plans on moving with the children, they need the court’s permission to do so. A move of a significant distance can directly affect the other parent’s ability to spend time with the children, which means the Orange County family law court is looking for pros that outweigh this very serious con. The kinds of reasons that sometimes suffice in relocation cases include:
- Moving for a new job opportunity that will afford your children more opportunities
- Moving to further your education, and increase your earning power in the process
- Moving to live closer to members of your extended family – who can help with childcare duties and enrich your children’s lives
- Moving closer to specific services that your children need, such as a special kind of medical care or schooling
When the noncustodial parent plans a move, addressing the effects it will have on their parenting time beforehand is always recommended, and a trusted child custody attorney can help you obtain a modification that supports your ongoing relationship with your children.
Either Parent Has Experienced a Change in Their Work Schedule
A primary reason for seeking – and obtaining – child custody modifications is when either parent’s work schedule has changed significantly. A change of this kind can make your current parenting time orders completely unworkable, and Orange County family law courts recognize that this is significant change that should be addressed upfront.
There Are Negative Consequences Associated with the Current Child Custody Terms
If something has changed that negatively impacts the children’s overall well-being, the court will take this into consideration in relation to a child custody modification request. The kinds of changes that potentially qualify include the following:
- If the primary custodial parent is no longer effectively addressing the children’s primary needs, including in relation to their physical, mental, and emotional health
- If one parent has remarried or is living with a new partner who is considered a bad influence for the children – or whose acceptability in relation to the children hasn’t been established
- If one parent has developed a drug or alcohol problem or a mental health concern
- If one parent has experienced a serious decline in earnings and can no longer provide for the children adequately
- If one parent’s own health status – whether mental or physical – interferes with their ability to provide the children with the care they need
- if the children are experiencing any form of abuse or neglect at one parent’s home, which includes parental alienation
Before the Orange County family law court will order a modification that is based on any of these factors, the parent making the claim will need to back it up with evidence. Ultimately, any modification you receive will be based on a significant change since your last modification and on the children’s best interests, and the parent seeking the modification is charged with proving that there not only has been a significant change but also that a modification would better serve the children’s needs.
If you need a child custody modification of your child custody order, the surest approach is discussing your unique case with a practiced child custody attorney early in the process.
An Experienced Orange County Child Custody Attorney Is on Your Side
Child custody modifications require you to make a solid case that proves a significant change has occurred and that the modification will serve your children’s best interests, which can be a tall order. The accomplished Orange County child custody attorneys at Minyard Morris are well prepared to help you strategize a strong modification case that supports your parental rights and leads to a favorable resolution that works for you and your children. For more information about what we can do to help you, please don’t wait to reach out and contact or call us at 949-724-1111 today.