Dealing with divorce is hard enough, but it’s even harder when you’re also dealing with issues related to child custody. Custody modifications allow one or both parents’ schedules to change in ways they currently cannot (i.e., getting more time with the child). At Tierney Law Group, we know how confusing this can be. Because of this, we want to answer some of your questions.
A custody modification is a court order that changes the current custodial agreement between divorcing, divorced, or unmarried parents who have an approved current custody plan on file with the courts. One or both parents may be able to spend more time with their child once the request is approved.
Only one parent needs to request the court to grant it on behalf of both parents. The request gets the process started in the courts.
The person who requests the custody modification can fill out an application for custody and file it. All the necessary papers will also be provided, including a child custody evaluation form. A qualified child custody modification lawyer in California can fill out the arrangements for you and present them to the court and the other parent on your behalf if needed.
A judge looks at the entire picture when considering granting or denying your request for a custody modification. One of those initial factors is whether the requesting parent has something called “grounds.” Having legal grounds for a request means the requesting parent has changed circumstances that meet previously approved legal situations. Here are some things that would help a parent qualify.
The court looks at how much time each spouse has had with their child since separation, as well as the current parenting schedule. Courts grant custody modifications that include flexibility with schedules and time to either parent. Often, this includes weekends from Friday evening through Sunday evening for one parent and a Monday through Friday weekday for the parent in which the child primarily lives.
There are many legal benefits to having a court-approved child custody plan and modification in place.
A child custody lawyer in Pleasanton CA can help with this by telling the judge how things work in your home, explaining work situations, circumstances around special medical needs for yourself or the child, and other scenarios. They can do this successfully in a non-emotional manner that pleases the court.
Having an experienced Pleasanton CA child custody modification attorney helps you navigate the murky waters of family law and relieve your stress. Reach out to a CA divorce lawyer at Tierney Law Group for more information!