Can You Change Your Custody Order If You’re Unhappy With It?

La Jolla, CA – Are you recently divorced and you find yourself unhappy with your custody order? You’re not alone in this matter, by far.

Many couples have had buyer’s remorse after the judge’s ruling has become final only to realize that they’re now stuck with the order as it stands. Or are they?

John Griffith, a divorce attorney serving the areas of La Jolla, Carlsbad and San Diego, California, says that a custody order may be modified if the proper steps are taken.

Custody Order La Jolla, CA
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Getting the Other Parent to Agree

The easiest way to get a custody order changed is to get the other parent to agree, then have your attorney draft a new agreement that will be filed with the court. The court will usually pass any changes as long as both parties agree to the new terms.

Once any changes are made in this matter, they are final, and enforceable by law. This will become important in case either parent suddenly or consistently fails to honor the terms of the custody order.

If the Other Parent Doesn’t Agree

If the other parent doesn’t agree to the new terms, all hope is not lost. Talk to your attorney to discuss a possible sit down with the other party so that a compromise can be made. Oftentimes, your divorce attorney can help both parties come to more agreeable terms with the proper negotiations.

Requirements for a Change to a Custody Order

The court will not hear your request for a modification to the custody order if you fail to show that there has been some type of change in the circumstances since the last custody order was put into place. What changes are acceptable? The changes must be so substantial that new visitation or custody order must be changed so that it better aligns with the best interests of the children.

Some examples of reasons a modification may be necessary include:

  • You or the other spouse is planning to move;
  • Either party is about to be remarried;
  • One or both parents have received a criminal conviction;
  • The parents are failing to fulfill the needs of the children;
  • One of the parents has developed a drug or alcohol addiction
  • Or the mental health of either parent has declined and the children may now be at risk.

If you can prove that there has been a significant change since the last custody order, and you can prove that the new custody order is in the best interests of the children, the court will usually approve the new custody order.

Modification Considerations

It should be noted that child custody modifications are common every two or three years. As the children grow, their needs change, and the parents’ lives may change. If one child has a dance class that travels out of town every weekend, that might interrupt the visitation time of one parent. For instances such as these, it is important to seek the advice of an experienced family law attorney to determine what type of modification is appropriate.

Contact a La Jolla, San Diego, or Carlsbad Family Attorney

You don’t have to live with a custody order that you disapprove of. If your situation has changed or you feel a new order would be in the best interests of your kids, you need a divorce attorney who is skilled at custody order modifications.

To learn more, contact a family attorney you can trust by contacting Griffith, Young, and Lass for a free consultation.

About Us: Griffith, Young, and Lass is a California family law firm that specializes in divorce, child support, custody orders, alimony, and many other family law cases. They are knowledgeable, aggressive, and compassionate, and are determined to get the best outcome for their La Jolla, San Diego, and Carlsbad clients.

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