Can I Modify My Child Custody Arrangement Without Going to Court?
Depending on the terms of your child custody arrangement, you may be able to modify it without going to court. In some cases, both parents can agree to the change and submit a written agreement to the court. If your situation is more complicated or you can’t agree with the other parent, you may need to go through a formal legal process.
Regardless of which path you take, it’s important to work with an experienced family law attorney who can help guide you through the process and protect your rights. Get help today from a trusted Beverly Hills, CA, family law attorney.
What Is a Child Custody Arrangement and Why Would I Want To Change It?
Child custody arrangements in California can be either physical or legal. Physical custody refers to where the child will live, while legal custody refers to who has the right to make decisions about the child’s welfare. Custody arrangements can be either joint or sole; in a joint arrangement, both parents have equal rights and responsibilities, while in a sole arrangement, only one parent has legal and physical custody of the child. Parents can also have a mixture of joint and sole custody.
There are many reasons why parents may want to modify their child custody arrangement. If one parent moves away, for example, it may be necessary to modify the arrangement so that the child can spend time with both parents. Or if one parent becomes involved in activities that are harmful to the child, such as drugs or alcohol abuse, a modification may be necessary to protect the child.
How To Modify a Child Custody Arrangement Without Going to Court
If you would like to modify your child custody arrangement, there are a few things you can do. The first step is to talk to the other parent and see if you can come to an agreement on changes that both of you feel comfortable with. If you are unable to reach an agreement, you can file a motion with the court requesting a modification. The court will then decide whether to grant your request based on the best interests of the child.
If you believe there’s a relevant change in circumstances to your situation and you would like to modify your custody arrangement, you can do so by filing a request with the court. You will need to complete and file a form called a Request for Order (Form FL-300), which will ask for information about you and your child, the current custody arrangement, and why you are requesting a modification. You will also need to file a Declaration (Form FL-310) telling the court about your situation and why you believe a modification is necessary.
Once you have filed these forms with the court, the judge will review them and may schedule a hearing to discuss your request. If the judge decides that a modification is appropriate, they will issue an order changing the custody arrangement. It is important to note that judges typically only grant modifications if there has been a significant change in circumstances since the last order was issued.
Factors a Court Considers for Child Custody
In California, there are a number of factors that the court will consider when making a decision about child custody. These include the age of the child, the wishes of the child, the relationship between the child and each parent, the ability of each parent to provide for the child’s needs, and any history of violence or abuse.
The court will also take into account any special needs of the child, such as medical conditions or learning disabilities. Ultimately, the goal is to make a custody decision that is in the best interests of the child. In cases where there is a disagreement between the parents, the court may appoint a neutral third party to conduct an investigation and make a recommendation if you and your child’s other parent cannot agree on the changes.
Contact a Beverly Hills Family Law Lawyer Today
If you’re unsure of your ability to change your child custody arrangement, discuss your options with a trusted and experienced family law attorney in Beverly Hills today.
If you’re going through a divorce, you need a strong team on your side fighting for your rights. Call Berenji & Associates today to know how we can assist you.