How do I Modify Custody?

In California, a parent must do several things to modify custody of a child. Regardless of whether or not there are current custody orders in place, the parent must:

1. Request a court hearing with the courts by filing the appropriate paperwork.

2. Obtain a court date

3. Serve the paperwork on the other parent with the court date and file proof of the service with the courts

4. Appear in court to argue your case

In some jurisdictions like those of the Inland Empire, the parent must attend a mandatory child custody mediation meeting with the other parent and a court appointed mediator. At that meeting, the mediator speaks to both parents and makes a recommendation based on the circumstances as to what they believe would be a custody/visitation agreement that is in the best interest of the child.

The courts largely rely on these mediator recommendations when hearing cases to modify custody. Depending on the judge, the court will either completely adopt that recommendation, slightly deviate from it, or completely deviate from it.

If the parents disagree as to the mediators recommendation for custody/visitation, the court may set an evidentiary hearing (trial) where each side can present evidence as to why their custody request is in the best interest of the child.

To convince the court that an existing child custody order should be changed, parents must demonstrate that there has been a "change in circumstances" since that last order was made. Essentially, parents must show that because of this change, it is in the child's best interest to change custody to the requested alteration.

Parents will commonly ask if the child's opinion matters to the courts. In the state of California, a child under the age of 12 will not usually have any sort of say as to wha the custody order should be.

Parents also ask "How much does a child custody case cost?"

The truth is, it depends on the lawyer. Some firms bill hourly, and the case can exceed $40,000

The Gramling Law Group however operates on a flat rate fee so that client's have a clear understanding as to how much a custody battle will cost up front, with no surprises on the back end.

Child custody battles can be the most challenging events in a parent's life. Because life goes on while the case is pending, the other party may try to involve the child in the drama that ensues. There are ways to protect you and your child. It is important that you hire an attorney who specializes in these cases. View our transparent pricing and contact us today to discuss your options.