How to Modify Child Custody Agreements in California

If you need to modify child custody agreements in California, it is important to understand that the law recognizes life does not stand still. A custody schedule that worked for a toddler may no longer meet the needs of a teenager.

California courts allow parents to request modifications to existing child custody orders, but only when a significant change in circumstances can be shown and the proposed change serves the child’s best interests. In Los Angeles, custody modifications are common, but the legal burden of proof is high.

Because judges carefully evaluate whether a change is truly necessary, many parents work with an experienced Los Angeles child custody attorney to present clear evidence and protect their parental rights.

Here is what you need to know.

Parents in Los Angeles can request the court to modify child custody agreements at any time. However, whether the modification will be approved is another matter.

Parents may request a modification for a variety of reasons:

• Substantial changes in the child’s life as they grow (especially educational and medical needs).
• The inability of one parent to follow the current custody arrangements.
• A lack of cooperation by one parent with the custody arrangement.
• Substantial changes to one parent’s living or work situation.
• A perceived safety risk to the child from the present custody arrangement.
• One parent has decided to relocate.
• Abuse, neglect, or alienation by a parent.
• The child has requested a change (and is mature enough for the request to be considered).

The change must be substantial enough to impact the child. A slight change of work hours for one parent will not usually warrant a child custody modification. While judges will consider many factors in such cases, the only consideration, ultimately, will be the child’s best interests.

California courts value stability for the child and will prevent parents from “re-litigating” their case for minor reasons.

In California, the child’s best interest standard considers factors like the health, safety, and welfare of the child.

As well as a safe environment for children, family law judges generally want to see:

• Stability and continuity for the children, with a regular and consistent routine.
• A nurturing environment where the child can develop and grow.
• Co-parenting (if possible), with each parent maintaining a meaningful and ongoing relationship with the child.
• An amicable relationship between coparents.

If parents can agree on the changes, they may prepare a written agreement and submit it to the court for approval. Otherwise, one parent will need to submit a modification request to the court.

Submitting the modification request itself is relatively straightforward in California, requiring only one form to be filled out. However, justifying the request and providing enough supporting documentation for it to be approved can be challenging.

The custody modification process usually involves the following steps:

Filing the Paperwork

A parent must file the Form FL-300 (Request for Order) and a Supporting Declaration outlining why the change is necessary.

Some parents also file Form FL-311 (Child Custody and Visitation) as a supporting document, providing precise details of visitations between the child and the other parent, and sometimes outlining how the other parent is not fulfilling their duties.

It is essential to complete the forms in full, provide adequate supporting documentation, and pay the associated fee (which is waived if you have a low income or receive public assistance). Otherwise, requests may be delayed.

Many parents have the papers reviewed by a professional for accuracy and to ensure they are complete. If everything is in order, you will be assigned a court date by the clerk.

"Serve" The Other Parent

Usually, one parent files the forms and the other parent must be formally “served”, with the proof of service filed with the court.

So, once you have completed the forms (many parents seek legal assistance for this), make two additional copies.

The original forms are filed with the court but retain one copy yourself and serve the other parent with the other copy. Your lawyer may hire someone to complete this part of the process or manage it themselves.

The other parent may need additional forms to submit a complete response to the claim if they do not agree with the modification request.

Mandatory Family Mediation

If the parents don’t agree about the need for a custody modification, California courts require Child Custody Recommending Counseling (CCRC) or Family Court Services (FCS) Mediation before seeing a judge under California Family Code § 3170.

Parents are generally seen as the best judges of the child’s best interests. Mediation between disputing parents also helps reduce acrimony and prevent cases from unnecessarily taking up a judge’s valuable time.

During mediation, a trained mediator will guide the parents (with their lawyers present, if necessary) and try to facilitate an agreement in the best interests of the child.

If parents can settle their differences in mediation, the mediator usually writes an agreement to present for the judge’s signature.

The Court Hearing

If parents do not agree, the mediator will inform the judge but nothing said in the mediation room is reported to the court.

The judge will start from scratch, review the forms submitted, and hear evidence from both sides at the child custody hearing. A final call will then be made on the custody modification request. If approved, a new order will be issued and will take effect immediately.

The judge’s decision is final and, until a modified order is issued, parents are expected to abide by the terms of the original order.

If a modification request is refused but substantial changes occur in the future, a new request to alter the child custody agreement can be filed with the court.

Maintain a paper trail of documentation (emails, school records, calendars, etc.) so that, next time, you are prepared to support your argument for a modification. Informal, verbal agreements can be challenging to back up in court, so ensure everything is in writing.

Remaining focused on the best interests of the child is the most important aspect of any child custody modification request by a parent in California.

Before moving forward with any family law court process, avoid unintended consequences by consulting with an experienced attorney in your area to learn how California’s child custody laws apply to your circumstances.

The family attorneys at The Sands Law Group APLC can help with child custody modification requests in Los Angeles. Contact us online or call 213-788-4412 today for a free case evaluation.