When Life Changes and Your Custody Order Needs To, Too
Custody orders aren't set in stone. Jobs change, children grow, and parents move. California allows parents to ask the court to modify custody or visitation, but the standard depends on what kind of order you have.
• Temporary orders can generally be changed if the change is in the child's best interest.
• Final custody judgments usually require a significant change in circumstances, and the change must be in the child's best interest (Montenegro v. Diaz (2001) 26 Cal.4th 249).
Most modification requests are filed on an FL-300 Request for Order, with an FL-311 attachment and a declaration explaining what has changed. In most counties, you'll also go through custody mediation before the hearing.
The strongest requests I see are specific. "Things are different now" doesn't persuade a judge. "My work schedule changed to weekdays only, and our son started school across town" does. Tie every change back to how it affects your child.
If you and the other parent agree on the change, you can submit a stipulation instead of going to a hearing.
If you need to change your custody order, call me at 877-4CA-FCLS (877-422-3257) for a free consultation.