Los Altos Child Custody Modifications Lawyer

Los Altos Child Custody Modifications Attorney

As children get older and family circumstances change, child custody arrangements may need to be modified. A Los Altos child custody modifications lawyer from the Law Offices of Rod Firoozye can assist you in filing a request to alter an existing child custody order, especially when a change in circumstances impacts your child’s needs or parenting schedule.

When a parent experiences a change in work circumstances, relocation, a new school schedule, or simply the changing needs of a child, they all may serve as a basis to request a custody modification. California child custody modification laws enable parents to petition the court to modify a custody order when the circumstances surrounding the order have changed. The request may be granted when the court believes that the modification is in the best interests of the child.

Hire a Child Custody Modifications Lawyer in Los Altos Hills

The Law Offices of Rod Firoozye provides family law representation for parents dealing with custody and parenting schedule modifications after a divorce or previous court order. Rod Firoozye is a Certified Family Law Specialist, as certified by the State Bar of California Board of Legal Specialization.

The firm represents parents throughout Silicon Valley who need legal assistance with post-judgment custody matters. We also handle other complex family law issues heard before the Santa Clara County Superior Court.

The Legal Standard for Modifying an Existing Custody Order

A custody order is not modified simply because a parent wants a different arrangement. California courts generally require a material change in circumstances before revisiting a previously issued custody order. A parent seeking modification must show that something about the child’s circumstances has changed.

For instance, a parent may move, there may be safety concerns, or there may be another factor that changes the child’s stability. Judges consider whether the proposed change would result in a material improvement to the child’s welfare before substituting a new order for the prior custody arrangement.

Filing a Request to Change a Custody Order

To change a custody order, a parent must file a formal request with the family court that issued the prior order. The request must state the desired change to custody and the circumstances justifying the modification. The parents will typically provide supporting documents, such as school or work schedules, along with other information about the proposed parenting plan.

California Family Code § 3087 enables custody orders to be changed if both parents consent to the change or the court finds that one is warranted. After the request has been filed, the court may order family court services mediation before setting a hearing, at which a judge reviews the evidence to decide whether to update the custody order.

Custody Modification Requests Involving Parental Relocation

A parent’s choice to relocate may become a custody issue if the move interferes with the current parenting plan. Relocation disputes often occur when the move would disrupt the existing custody schedule or significantly reduce the other parent’s parenting time. The court evaluates the impact of the move on the child’s stability, schooling, and continued contact with both parents.

Under California Family Code § 7501, a parent with legal custody generally has the right to change a child’s residence, but the court may still examine whether the move is consistent with the child’s best interests and the terms of the existing custody order.

Custody disputes, such as relocation requests, are common issues in family law. According to the U.S. Census Bureau, 13.9 million custodial parents were living with 22.2 million children under age 21 in 2022, reflecting how frequently courts address parenting arrangements after separation or divorce.

FAQs

Can Parents Agree to Change a Custody Schedule Without Going to Court?

Parents occasionally agree to a change to the current parenting schedule. In that case, the agreement may be presented to the court and added to a modified custody order. Court approval is necessary to make the agreement legally binding in any modification case.

The revised agreement should also be consistent with existing custody orders. When the court formalizes the parents’ agreement, there is less likelihood of later disagreement on the parenting schedule.

What Evidence Can Be Used to Support a Custody Modification Request?

A custody modification request will typically include supporting documentation explaining why the order should be modified. This can be in the form of:

• School attendance records
• Work schedules
• Communication between parents
• Any other supporting evidence as to why circumstances have changed since the order was put into place

The court reviews this information to determine if:

• The request is appropriate.
• The desired custody change would be more in the child’s best interests.

How Many Family Law Cases Are Filed in California Each Year?

Family law cases are a common occurrence in the courts of California. The Judicial Council of California’s Court Statistics Report for Fiscal Year 2023-24 showed 108,403 marital filings in California superior courts. There were 210,326 other family law filings in the California superior courts in Fiscal Year 2023-24. These included paternity cases, requests for child support, and other related issues.

Can a Parent Request a Custody Modification Without the Other Parent’s Agreement?

A parent can request a modification to a custody agreement, even if the other parent does not consent. The parent who wants a modification would submit a request to the court as to why the current agreement should be changed. The court decides if a change would:

• Be in the best interest of the child.
• Improve the child’s welfare and stability.

Contact a Los Altos Child Custody Modifications Attorney

When children grow or circumstances change, an existing custody order may no longer make sense for a child’s current schedule, school year, or general day-to-day needs. Under California law, a parent may request a modification to a child custody order when there are changes in circumstances related to the child in question.

The Law Offices of Rod Firoozye advocates on behalf of parents who are dealing with custody modification and other family law issues. Legal counsel can help a parent organize their thoughts, concerns, and reasons for a request to change an existing custody order when warranted. Schedule a consultation to hire a modifications lawyer today.