Child custody agreements are designed to ensure the best interests of the child, but life is unpredictable, and circumstances can change over time. Whether you’re facing a significant change in your life or your child’s needs have evolved, you may be wondering if it’s possible to modify a custody agreement. The good news is that California law allows for custody modifications under specific conditions. At Kendall Gkikas & Mitchell, LLP, we’re here to help you navigate this process as your trusted divorce modifications attorney in San Bernardino CA. Keep reading to learn more!
When Can Child Custody Agreements Be Modified?
Child custody agreements can be modified when there has been a significant change in circumstances that affects the child’s well-being or the practicality of the existing arrangement. Some common reasons for seeking a modification include:
- The spouse receiving support no longer needs it
- The spouse paying support loses their job or is otherwise unable to afford payments
- The spouse receiving support remarries or enters a new domestic partnership
- The spouse receiving support is not making a good faith effort to become self-supporting
- Child support has ended
It is important to remember that the court will always prioritize the child’s best interests when deciding whether to modify a custody agreement.
Steps to Modify a Child Custody Agreement
To request a custody modification, you’ll need to file a Request for Order (RFO) with the family court. This document outlines the proposed changes and the reasons for the modification. Your attorney can assist in drafting and submitting the paperwork to ensure accuracy and compliance with court procedures.
The court requires evidence to support your request and providing it will help put the best case forward. This could include things like:
- Documentation of relocation plans or changes in employment
- Medical or educational records demonstrating the child’s evolving needs
- Testimony or reports related to concerns about the child’s safety
Once the RFO is filed, the other parent must be served with a copy of the request. This gives them an opportunity to respond to the proposed changes. If they contest the modification, the court will schedule a hearing to resolve the matter. During the hearing, both parents will have the opportunity to present their arguments and evidence. The judge will evaluate the case based on the child’s best interests, considering factors such as the child’s age, health, relationships with each parent, and the ability of each parent to meet their needs. Your attorney will advocate on your behalf, emphasizing how the proposed modification benefits the child.
Contact Kendall Gkikas & Mitchell, LLP for Custody Modification Assistance
At Kendall Gkikas & Mitchell, LLP, we have 31 years of experience handling custody modification cases and are committed to helping families achieve arrangements that work for everyone involved. If you need to modify a child custody agreement, we are here to help. Contact us today at 909-482-1422 to schedule a consultation with an experienced divorce modifications attorney in San Bernardino CA. We’ll guide you through the legal process, protect your parental rights, and prioritize your child’s well-being.
