If your current child custody and visitation arrangement in California is no longer workable or in your child’s best interests, you may need to request a modification. Here’s what you need to know:

File a Petition for Modification – The first step is completing either form FL-300 or JV-180 requesting a change to the existing custody order. Cite specific issues and changes in circumstances. File in the same court that issued your current order.

Notify the Other Parent – You must properly serve the other parent within 30 days of filing your petition. This gives them a chance to respond before the hearing.

Gather Supporting Evidence – Provide any documentation that supports your requested changes. This can include school records, medical/counseling records, proof of schedule changes, etc. Declarations from teachers, doctors, family can also help.

Meet Filing Requirements – This includes forms like the FL-150 Income and Expense Declaration or FL-311 Child Custody and Visitation Application Attachment.

Attend the Court Hearing – Be prepared to explain to the judge why the current arrangement is detrimental and how your proposed change is in the child’s best interest. The other parent can contest the request.

Await the Court’s Ruling – If approved, the judge will issue a written order modifying custody and visitation that all parties must then follow.

Key considerations for the court are changes that affect the child’s safety and well-being, keeping siblings together, and allowing frequent contact with both parents. Consulting an experienced family law attorney can help ensure you take the right steps to modify child custody or visitation in California appropriately. Contact our attorneys for guidance.