Can a Child Custody Agreement Be Changed?

Child custody agreements aren’t set in stone, especially as life changes. What worked well when your child was three may no longer be ideal when they’re ten. 

If you’re wondering whether a custody order can be modified, the answer is yes, but there are rules and procedures to follow, especially in California. Here’s what you need to know if you’re considering a change in your custody arrangement.

When Can a Custody Agreement Be Changed?

In California, a child custody agreement can be modified if it’s in the best interest of the child and if there’s been a significant change in circumstances since the original order was made. The courts generally want to maintain stability in a child’s life, so they don’t make changes lightly. Some common reasons that justify a change include:

• One parent is relocating
• A change in the child’s needs (such as school, medical issues, or age)
• One parent’s ability to care for the child has changed (due to illness, job changes, substance abuse, etc.)
• The current arrangement is no longer working or safe

How to Modify a Custody Agreement in California

Here’s how you can make modifications to a child custody agreement in California. 

Work It Out Together (If Possible)

If both parents agree to the change, the process is usually smoother. You can draft a new parenting plan and submit it to the court for approval. The court will generally approve it as long as it serves the child’s best interests.

File a Request for Order (If You Don’t Agree)

If one parent wants to change the agreement and the other does not, the requesting parent must file a Request for Order (RFO) with the family court. This formally asks the judge to review and change the custody arrangement.

Attend Mediation

In California, you’ll likely be required to attend mediation with Family Court Services before the hearing. This gives both parents a chance to work out their differences with the help of a neutral third party.

Go to Court

If you still can’t agree in mediation, you’ll go to a court hearing where the judge will decide whether a change is warranted based on the evidence and arguments presented.

What Does the Judge Consider when Changing a Child Custody Agreement?

The California court always puts the child’s best interest first. Judges will consider:

• The child’s age and needs
• Each parent’s ability to provide a stable, loving environment
• The existing relationship between the child and each parent
• Any history of abuse, neglect, or substance use
• The child’s preference (if the child is mature enough)

Need Help Changing a Custody Agreement?

Yes, child custody agreements can be changed in California, but only when there’s a valid reason and the modification supports your child’s wellbeing. Whether you and your co-parent agree on the changes or need help from the court, it’s important to navigate the process carefully.

Our experienced family law attorneys at Lonich Patton Ehrlich Policastri are here to guide you through the process. Whether you’re pursuing an agreed change or facing a contested modification, we’ll advocate for your rights and your child’s best interests. Contact us today for a free consultation.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.