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child custody

Child Custody Modification

Modification of Custody

The first issue to determine when modifying child custody is whether custody is actually being modified or if it is a change in the visitation schedule. Also, determining whether or not the matter is post-judgment is quite important.

If the matter is not post judgment, then a modification for any purpose is allowed with reasonable valid grounds. After the initial custody arrangement is established, the court is more reluctant to make substantial changes; however, the court is always willing to make reasonable modifications.

If the matter is post-judgment, before the court will hear a matter regarding a change of custody, there must be a substantial change of circumstance. A substantial change of circumstance is subjective and fact-based, and only after analyzing the facts can a determination be made if a substantial change of circumstance has occurred. If it is not a substantial change of circumstance, then pursuant to case law, the court may still modify visitation orders. However, the court is without jurisdiction to change custody if it is deemed post-judgment and there is no substantial change of circumstance.

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This firm really cared. They gave me personal attention when I was going through my divorce. I found them to be very detailed and kept me informed every step of the way. The took away the edge of what was a trying and stressful time for me. A competent, compassionate, thorough, personal and a professional law firm.

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Chino Hills, CA

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Riverside, CA

They handled my case very well. They scoured through the details and supplied good communication so I always felt informed and clear about my position within the litigation. Each time we meet the staff was very informed and clear on the details of my case and goals for which I hired them.

Dale

Orange County, CA