As time passes, families’ lives evolve. For parents who are separated or divorced, those changes might mean moving with their children. If the move is far enough away, this might mean that you will need to change your custody and support order in California.
How to change your custody and support order
The method to change a custody and support order will have a lot to do with your relationship with the other parent. If you have an amicable relationship and can work out the new details yourselves, you can change the order by drafting a new agreement and submitting it to the court. However, if the other parent does not agree with your proposed changes, you might have to go to court to seek a modification.
Seeking a modification
When you seek a modification, you will need to show proof that circumstances have significantly changed from when the original order was issued. Situations that can be considered significant when addressing custody and support order include:
- A parent losing their job or getting a job that pays significantly less
- A parent getting a promotion or new job that pays significantly more
- A justified move to an area far away that existing custody arrangements are not practical
- A significant change in a living situation that will affect the stability for the children
Steps to seeking a modification order if there is a move with children
It is important to follow the steps to seek a modification order correctly. Fill out the paperwork and, if possible, have it reviewed by a family law facilitator. The paperwork will include details about parenting schedules and the reason for the modification request. Make copies of the paperwork, file the signed one with the court, get your mediation and court dates, serve the papers to the other parent and file the proof of service. After mediation and the court appearance, the judge will sign the new order.