If a permanent custody order has been made which orders joint physical or legal custody or orders sole legal or physical custody and a parent would like to modify that order, that parent must file a request for order to modify child custody. The filing parent must prove that a change of circumstances has occurred which would justify the change of custody from joint custody to sole custody. If the parent filing the motion merely would like to change the visitation or parenting schedule, then the filing parent must only prove that it is in the best interest of the child to change the visitation schedule.
When parents of minor children live in different states, only one state’s courts have the ability to determine custody issues. Usually it is the home state of the child which is defined as the state where the child lived for six months proceeding the filing for custody orders. The state can be changed if there is a finding that the home state is an inconvenient forum.
If a non-custodial parent would like to have custody of a minor children awarded to that parent after a permanent custody order has awarded the minor child to the other parent, the non-custodial parent has the burden to prove that a change of circumstances occurred, which was so significant, that it would be in the best interest of the minor child to endure another change of physical circumstances. Once the non-custodial parent can prove a change of circumstances, that parent must prove to the court that a change in custody would be in the best interest of any minor children.
After a judgment has been entered in a case with minor children and a custody order has been issued, in order to change the custody agreement, the moving party must show a change of circumstances. This rule was established to balance the finality of judgments with the needs of a minor child. After a litigated trial where the courts enter a judgment in respect to custody, it takes a significant change of circumstances to change custody. The moving party must prove to the court that something has changed and therefore custody must change.
If you need a divorce attorney in the Orange County area to discuss a change of circumstances after a permanent custody order has been issued or any other dissolution matter such as child support, custody, spousal support and property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.
Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee that there are other facts which may play a part in a divorce case. Circumstances in a dissolution may alter the required action and analysis taken by a family law attorney in Orange County. Please note that this legal advice does not establish a family law attorney-client relationship.