In California, separated parents can ask the court for an update of their custody order if either of them is going through a notable change of circumstances that may affect their child’s best interests.
If you are considering a change of custody for your child, you must first learn about how the courts oversee these types of cases and the legal timelines involved.
How do courts determine the child’s best interests?
Under the California Family Code § 3011, the courts must follow a set legal standard when making decisions about the child’s health, safety and welfare.
By assessing these key factors, the courts can determine the most suitable arrangement for the child and their parents. These include:
- The child’s age and health
- The child’s emotional ties with each parent
- Each parent’s ability to care for their child
- If there is a history or ongoing substance abuse from either parent
- If there is a history of violence
The set ‘best interests’ standards shall apply to all family law cases involving custody and visitation, grandparent visitation rights, stepparent adoption, guardianship and relocation.
When can parents change their custody order?
Either you or your ex-spouse can file a request for custody order modification. Aside from completing the required form, you must also include a detailed reason for your request and supplementary documents that can help support your case.
Four common reasons may include:
- A parental relocation
- A significant change in your health
- A shift in your child’s needs (e.g., educational, emotional and/or medical)
- A safety concern that endangers your child
If you are filing a request on your own, remember to use the same case number as your original order. You may also seek the help of a lawyer who can guide you through the entire custody modification process.
As a parent, you always want the best for your child
By learning how the California courts manage custody modification requests, you can proceed with the steps while following the proper procedures. This not only helps minimize the possibility of errors but also ensures that your child’s well-being will always come first.
