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October 08, 2021

Child Custody Modifications

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. 

Divorce lawyer Pleasanton CA Discusses Child Custody Modification

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.

Who Can Request a Child Custody Modification 

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.

How To Request a Child Custody Modification

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.

How the Court Evaluates Child Custody Modifications

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. 

  • Relocation of job or school may qualify for a modification if it has been shown that they influence the existing custody schedule and access to the child. 
  • New and unresolved safety issues exist and can reliably be proven through medical evaluations or police reports. 
  • The severe loss of income or home; a drastic and unresolved change in living circumstances.

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.

Pleasanton CA Child Custody Attorney Shows Benefits of Having One in Place

There are many legal benefits to having a court-approved child custody plan and modification in place. 

  • You can make changes to your schedule so that it works for both yourself and your child. 
  • It can provide court-ordered legal protection in place to address specific safety concerns. 
  • It can prevent a child from traveling internationally without your knowledge or permission.

Tips to Make this Easier

  • Try negotiating with the other parent as much as possible to reduce legal costs. You both love your child, so there should be some common ground you can find as a starting basis.
  • If verbal communications cease or begin to become negative in the slightest, then switch to communicating in writing only.
  • Be very flexible. If you think you’re adaptable, double down on the flexibility.

How a Divorce Attorney California CA Can Help

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.

Contact Your Trusted and Caring Pleasanton CA Child Custody Attorney

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!