How a Family Law Attorney Can Help You Modify a Child Visitation Order in California
Posted on: April 11, 2019
When you come up with a child custody order or visitation order, it is not likely to continue to work forever. When it does come time to modify it, there are simple steps that can be followed. Whether the cause is the child becoming older and having different needs, one parent moving, a parent getting remarried, or any other reason, Kendall Gkikas & Mitchell, LLP can help.
You Will Need to Prove the Following to Modify a Visitation Order
No matter what the reason for requesting the child visitation modification, you will need to prove that there has been a change in circumstances that call for the change, that the modification is in the best interest of the child or children involved, and that you attempted to modify the visitation in medication but it was contested.
Start by Filling out the Right Forms
There are specific steps that must be taken if you want to make a legal change to a custody or visitation order. The first step is to fill out the appropriate court forms, which will include a Request for Order, as well as the Child Custody and Visitation Application Attachment. These forms will require you to give detailed information about holidays, visits, and other similar details.
Contact an Attorney
After you have filled out of the forms – or before if you want legal assistance – you will need to work with a family law attorney who can review the forms. We will give you the needed legal advice and guide you through the entire process. We will then file your forms with the correct court clerk. When they are filed, the clerk will keep the original for the court but return two copies with a stamp that confirms they were filed.
Serve Papers to the Co-Parent and File a Proof of Service
The law requires that the other parent gets both a copay of your papers and a blank copy of the form they must fill out, the Responsive Declaration to Request for Order. This must happen at least 16 days before the court date. Once you have served the papers to the other party, you will need to have your server fill out the Proof of Personal Service form. This will then need to be filed with the court. This must be filed correctly but we will take care of that for you as well.
Ready to Learn More? Contact Us Now
If you have reason to change your child custody order then you have reason to contact Kendall Gkikas & Mitchell, LLP. We will start by considering your current custody order and offering our advice on whether or not the change is likely to go through. We will assure the correct forms are filled out and filed. We can work with you throughout the process to give you the best chance of getting the outcome you are looking for.