When parents negotiate shared custody arrangements, they often set terms based on their current circumstances. The same is generally true of litigated custody cases. Family law judges in California consider a variety of different family matters when establishing a custody order.
For example, the housing arrangements of both parents, the relationship they have with their children and their work schedules can influence the most appropriate division of parental rights and responsibilities for the family. California family law judges typically try to keep both parents actively involved by giving both a liberal amount of time with the children.
Scenarios in which one parent has far less parenting time than the other are usually the result of unstable personal circumstances. Those who improve their situations can potentially request a custody modification.
What modifying custody entails
When the circumstances of the parents or children change, the best arrangements for shared custody may change as well. A custody modification is an official change to the division of parental rights and responsibilities approved by the California family courts.
Some people can obtain a custody modification by working directly with their co-parents. As long as the adults agree on specific terms, they can request an uncontested modification. A judge just needs to approve the terms that they propose instead of adjusting those terms on behalf of the family.
In scenarios where the parents don’t agree, the process may be more complex. The parent proposing the modification needs evidence that family circumstances have changed. They also need to support their claim that altering the current custody order is in the best interests of their children.
Fostering a healthy parent-child relationship is a priority for the family courts, so simply having an improved relationship and a more even distribution of parenting time could be beneficial enough to warrant a modification. Parents who have obtained a new living arrangement, attended therapy or found new jobs might be able to request a modification to their existing division of parenting time.
Going to court to modify a California custody order can be a worthwhile move for a parent who has improved their circumstances. A more stable living arrangement and better personal health could lead to an improved parent-child relationship as well.
