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A parent with a child custody modification walks down the sunny street with their child
Lonich Patton Ehrlich Policastri

All About Child Custody Modification

November 25, 2020/0 Comments/in Uncategorized /by Lonich Patton Ehrlich Policastri

Child custody is an important part of any divorce when children are involved. Circumstances vary and depend greatly on many determining factors such as a history of abuse or addiction, means to provide, and whatever is in the best interest of the child(ren). Once a judge has made a ruling on the custody agreement between two parties, is it set in stone? Things can be changed through a child custody modification. What is it and when can it be used?

What Is A Child Custody Modification?

A modification is when, due to certain circumstances, a custody agreement is altered to accommodate the new needs and lifestyle changes of the parents and child(ren). If the two parties can agree on the changes there is a good chance of them being approved, but sometimes parents can’t come to an agreement. In this case, a modification to the custody and visitation order will have to go through the court. There are many reasons a modification may be necessary.

Reasons For Custody Modifications

Many things can constitute a change in a custody or visitation agreement. For it to be approved by the court, there has to be evidence that the current agreement is not working for both parties any longer in some way or another. What qualifies as a reason for a modification?

  • Addiction & Substance Abuse

If one parent is displaying evidence of addiction to alcohol or other dangerous substances, this can be grounds for modification. These problems can make a parent unfit to care for or supervise a child. While not impossible, it is unlikely that the addicted party will agree to changes in the custody agreement. In this case, any parent who recognizes this behavior in their co-parent must file with a judge for a modification in the current agreement.

  • Domestic Violence & Child Abuse

If there are signs that your child is in immediate danger and is not safe in their home, you can request a modification. You may want to speak with a child custody modification lawyer on how to expedite this process for the protection of your child. 

  • Parental Relocations

If a parent is relocating due to new job opportunities or a new marriage, or some other reason, this can affect the visitation schedule. Both parents should work together to come up with a practical solution where both parties get to spend time with their child(ren). The courts will take into consideration how this will affect the child’s everyday life such as school, activities, relationships, and upbringing. 

  • Violations Of The Current Agreement

If your ex is violating the terms of your current agreement such as not adhering to the visitation schedule or not communicating openly about the care of your child, or keeping your child from you despite the rights granted to you in the agreement, you are eligible for a child custody modification. You can contact a lawyer to learn how to modify custody if you are unsure of your next steps. 

How To Change A Custody Order

Changing a custody order is a simple process as long as the courts approve. If you and the other parent are in agreement about what modifications you want to take place, you can jointly submit the proposed agreement to the court for approval. If you and the other parent are not in agreement, one parent will need to file for a proposed modification with the court. It must be approved to be legally binding, otherwise, no parent is required to follow it. It is recommended to get an experienced child custody attorney to help with this process, especially if your ex is in disagreement with your proposed change. 

A father holds two children as a third runs ahead after a successful child custody modification

Our attorneys at Lonich Patton Ehrlich Policastri can explain how to modify custody and what your options are. At the end of the day, the courts care most about what is in the best interest of the child(ren). If you live in the Bay Area, set up a free virtual 30-minute consultation here. Learn more about child custody modifications here.

https://www.lpeplaw.com/wp-content/uploads/2020/11/child-custody-modification-parent-child.jpg 912 1368 Lonich Patton Ehrlich Policastri https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png Lonich Patton Ehrlich Policastri2020-11-25 23:07:272020-11-25 23:07:30All About Child Custody Modification
A parent who shares joint custody with their ex hugs their child goodbye as the other parent looks on
Lonich Patton Ehrlich Policastri

How Far Can A Parent Move With Joint Custody

November 13, 2020/0 Comments/in Family Law /by Lonich Patton Ehrlich Policastri

When you share joint custody with your ex, the idea of a big life change such as moving can be scary. The results can be uncertain and what will happen is at the discretion of a judge. If you are the parent of a child and want to move away or if your ex wants to relocate and move the child with them, what’s next? How far you can move with your child is determined by many factors. 

Joint Custody & Parental Relocation

If you are planning to relocate with your child, you should know about the process you’ll need to go through to legally relocate. There are steps that you must go through to get approved for relocating your child in the case of joint custody. The main takeaway is that the judge must find the move in the best interest of your child(ren). 

When a joint custody order is already in place, parental relocation is considered a modification by the court. This means that it is a requested change to the existing order. In California, a move-away modification is necessary if a parent plans to move 50+ miles away from their local residence, although, in large, unclear areas, this can be less.

The current parental schedule will be considered when approving or disapproving the modification. The modification can be filed by the parent looking for permission to relocate, or by the remaining parent who wishes to update the custody agreement so that they don’t lose time with their child(ren). When parents share joint custody, the court has a lot more to consider in determining if the move-away can happen.  The courts must decide that the move is not harmful to the child in any way in order to approve it. 

Two parent who share join custody sit angrily with their back to each other as a child frowns in between them

Many things matter when it comes to whether your child will be allowed to relocate with you, and how far you can relocate:

  • The accessibility of the move – this has to do with distance and expenses related to visitation by the other parent if the move is approved. 
  • The current visitation schedule – This will take into account how much time the child spends living with each parent and the effect this time has on the child(ren).
  • The child’s relationship with each parent – The child’s feelings matter when approving a move-away order, but the judge will also determine what is in their best interest. They will also consider the age and needs of the child.
  • The support network – This considers the family and friends, and support system living nearby the child. Will there be a larger network for the child in the proposed residence or are they being taken away from a current community?
  • The reason behind the move – Was one parent offered a job? Are they remarrying? Or are they seeking to separate one parent from their child?
  • The relationship between the parents – The judge wants the parent who is the most reliable when it comes to maintaining and encouraging continual communication and contact between the child and their other parent. 

You can work with a lawyer to file for a modification to your joint custody agreement. The distance you can move can only be determined by a judge. They can help you gather documents and evidence to support that the move is in the best interest of the child. They can also work with your ex to try and come to an agreement to the custody order that you both are satisfied with, which you can then take to court for approval.

If you live in San Jose, Santa Clara, or the surrounding communities, contact Lonich Patton Ehrlich Policastri for a free consultation. Our experienced attorneys offer complimentary 30-minute virtual consultations to clients. Set yours up here.

https://www.lpeplaw.com/wp-content/uploads/2020/11/FatherLeavingHome.jpg 600 900 Lonich Patton Ehrlich Policastri https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png Lonich Patton Ehrlich Policastri2020-11-13 20:29:582020-11-13 20:30:01How Far Can A Parent Move With Joint Custody
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LONICH PATTON EHRLICH POLICASTRI

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Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, especially San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, and San Benito. For a full listing of areas where we practice, please click here.

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This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.

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