Divorce can be a highly uncertain time for most families, especially those with children. The goal of a final custody order is to bring a measure of stability to family life during and after a divorce. To make it all work, both parents must follow it. Yet, life circumstances can change, and child custody agreements can change with them.

When life changes occur, many parents are left wondering how to modify child custody in California. Between the maze of family code statutes, legal filings, and the time spent in court, the process can leave anyone overwhelmed. That’s where having experienced legal counsel matters.

The Stratte Firm can guide you through that process, offering steady support as you navigate the legal system. You should not have to worry about modifying a child custody order alone. We treat each client with the compassion and care needed during the most difficult times. If you face potential changes to your custody order, contact us to discuss how we can help.

What Does a Custody Order Include?

California law divides custody into two dimensions: legal and physical custody. Legal custody, which parents typically share automatically, includes the right to make important decisions about a child’s life. Physical custody, also called parenting time in some states, refers to who the child lives with and when.

Types of Custody Orders

What your custody order looks like, and the options you have to modify it, can vary depending on where you are in the process. You may have a(n):

  • Emergency custody order—lasts for brief periods of time when a parent or child is in potential danger from the other parent;
  • Temporary custody order—lasts only while the divorce case is ongoing; and
  • Permanent custody order—longer-term orders that typically last until a child turns 18.

To modify a custody order, you request assistance from a court. Since emergency and temporary custody orders usually have end dates, changing them can sometimes come down to timing.

Reading Your Custody Order

Generally, a custody order explains:

  • Parenting time—the time each parent spends caring for the child;
  • Parenting schedule—when each parent has the child and when exchanges occur;
  • Rights and responsibilities—what rights and responsibilities each parent has; and
  • Logistics and rules—how parents should conduct themselves in co-parenting their child.

Custody orders typically include explanations of the law, along with specific rules for the parents.

When Can You Change a Child Custody Agreement in California?

Under California Family Code (“FAM”) § 3087, you can change a child custody agreement following a significant change in circumstances for a member of the household since the initial order, and modifying the order is in the child’s best interests.

Significant changes in circumstances typically include:

  • A parent getting or losing a job,
  • A parent marrying and joining a blended family, or
  • The child’s care needs shifting significantly over time.

According to FAM § 3011, a modification that’s in the child’s best interests will depend on how it affects the child. For example, a change that moves a child into their parent’s new, unsafe home may not be in the child’s best interests, even if the parent has a new home.

How Can I Modify Child Custody in California?

To change a child custody agreement in California, you typically start by sitting down with your lawyer and reviewing your existing custody agreement. This step will help you decide what changes you would like to see.

You and your lawyer will then speak with your co-parent and attempt to agree on new terms for your custody order. If you and your co-parent agree, you can create a joint proposal. If not, your lawyer will help you file legal paperwork that:

  • Requests a modification to your custody order,
  • Explains what circumstances changed to lead to the request, and
  • Details why the change is in the child’s best interests.

After you file documents requesting the modification, the court places you on its schedule.

Legal and Procedural Steps to Custody Modification in California

Once you know what changes you want to make in your custody order, the next step to custody modification is to file your legal paperwork. Typically, you need to deliver the legal paperwork directly to your co-parent. After they receive your filing, they can respond by agreeing to your proposals, disputing your proposals in favor of the existing schedule, or proposing alternative modifications.

After that, you work with your lawyer and co-parent to try to reach mutually agreeable terms. If you struggle to do so, you can attend mediation, a less adversarial approach to problem-solving. California courts often require couples to attend mediation before holding a trial about a particular issue.

What Happens If You Cannot Agree on Modification?

If you still cannot come to terms following mediation, your lawyer helps you prepare for and participate in a court hearing, where you offer evidence to the judge to explain why your proposed changes are necessary and in the child’s best interests. Your co-parent has the opportunity to provide evidence to convince the judge that their proposals are best.

After the hearing, the judge decides whether to modify the custody order and, if so, what to change it to say. If the judge changes the order, they issue an official, updated custody order that supersedes the previous order.

How Are Child Custody Changes in California Enforced?

Once the court issues a new custody order, both parents are bound by it—even if they argued against it in court. Sometimes, a parent refuses to follow valid child custody changes. You can ask the court to enforce the order in that circumstance. The judge will order the other parent to follow the changes as written. If they fail to do so, the court can impose penalties, including contempt of court.

Creating a Flexible Custody Schedule in California

By creating a flexible custody schedule in California, you minimize the need for later changes. Yet, you cannot predict every change life has to offer, and modifications can happen at any moment.

If you have experienced changes and need to modify a custody order, our team at the Stratte Firm can help. Contact us to speak to someone about your options.

Legal References Used to Inform This Page

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process: