Can I Modify My Child Custody Order?

A child custody order does not have to remain the same forever. If your situation changed or the situation of your former spouse changed, you can petition the court for a modification. Of course, before you take this sensitive matter to court, you can discuss it with your former spouse. If you are able to successfully reach an agreement on a modified order, you will still need to present it to court to ensure that it serves the best interests of the children. However, reaching an agreement out of court can help save time and money.

Modifying a Child Custody Order

If you and your former spouse cannot agree on a modified child custody order, you can petition the court for a modification. That said, family courts believe stability and consistency are essential for children and are generally hesitant to alter the child custody order. If you are the petitioning parent, the burden is on you to prove that a modification would support the children’s best interests.

Here are some of the circumstances in which a court may modify child custody:

- The petitioning parent is making a long-distance move

- One of the parent’s work schedules changed

- The child’s needs changed due to health, age, or another factor

- Changes in a parent’s ability to care for the child

Moreover, a judge will also examine the parent’s motives for wanting to modify the child custody agreement. If you are the petitioning parent, you will need to present as much evidence as you can to prove that the modification is necessary and in the best interest of your child.

Evidence commonly used in child custody modification cases include:

- School, work, medical, and other official records

- Statements from teachers, caregivers, doctors, or other witnesses

- Emails, social media posts, texts, photos, and other unofficial records

- Records showing that the court needed to enforce your current child custody order

Contact Our Legal Team to Discuss the Details of Your Case!

If your current child custody order is no longer appropriate for your circumstances, the team at Family Law San Diego can provide the legal support and guidance to have it modified. Our legal team has the experience and skill necessary to help you navigate each step of the post-divorce modification process.