Are you considering filing a modification to your existing child custody order or fighting against an ex who is trying to modify it? If so, it is important to understand child custody orders and how modifications work. Keep reading to learn more about the child custody orders and how Kendall Gkikas & Mitchell, LLP can help you modify yours.
What are the different types of custody?
There are two different types of custody—legal custody and physical custody.
Legal custody is the right to make legal decisions for your child. This is in regards to things like choosing a school for your child to enroll in or making medical decisions. Typically, unless one parent unreasonably interferes with or withholds consent from the other, legal custody is shared equally by both parents.
Physical custody refers to the right to have a child live with you. In California, the parent caring for a child more than 50% of the time is typically considered the primary custodian. This allows them to claim the child on tax returns. It also allows them to enroll the child in the school nearest their home.
What are the reasons that you can request a modification to a child custody order?
A judge will not grant a modification to a child custody order without good cause. There are several reasons that they will consider a modification, including:
- If one parent is physically relocating to another town, state, or country
- If one of the parents is not following the existing custody terms
- If the child’s needs have changed
- If a parent’s financial or life situation has changed
- If the child is in danger with a parent
While these are not the only reason, these are the most common reasons.
Who can help me file a request to modify a child custody order?
If you are looking to file a request to modify a child custody order, you shouldn’t do so without the help of a lawyer. There are many nuances and using a family law attorney like Kendall Gkikas & Mitchell, LLP can help ensure that you put the best case forward.
If you need help requesting a modification to a child custody order, contact Kendall Gkikas & Mitchell, LLP.
Is your current child custody order not working for you? If so, there are some reasons that the court may allow for a modification of the existing child custody order. However, it is important to put the best case forward when filing for the modification, which is why you need an experienced family law attorney like Kendall Gkikas & Mitchell, LLP to help you through the process. Give us a call today at 909-482-1422 to set up a consultation.
To learn more about the reliable and quality family law services that we offer, visit us on the web at Kendall Gkikas & Mitchell, LLP.