The legal process of establishing custody, whether it’s post-divorce or in another situation, can be exhausting and feel frustrating for both parties. However, the initial agreement established by the courts is not set in stone. In fact, there are many factors a judge in California may consider in your case.
One or both parties are moving
Your custody agreement is likely contingent on location. If there are visitation rights for both parties, the parties are both required to fulfill that obligation. If one party moves a far distance away it can make visitation more complicated, especially when it is the custodial parent. It’s important to speak to your attorney prior to any move to better understand how this will impact visitation.
This does not mean either party is not permitted to relocate, it just means there could be further financial responsibility to ensure visitation continues if it is not removed from the agreement. A judge can also change the custodial parent if they believe the previous custodial parent’s decision to move will negatively impact the child’s life.
You may also file for a change if the co-parents move closer. A previous agreement may have been based around an unreasonable travel or timing arrangement, but if you remove that obstacle the agreement can be altered.
Other lifestyle changes for one or both parties
Moving isn’t the only consideration in the lives of co-parents. The changes can be as small as a new work schedule or as large as a legal or financial problem that gets in the way of caring for your child. The changes can be positive, as well, like a major pay raise that allows you to fund more of your child’s needs or retirement which allows for more time with the child.
Your child’s needs change
This portion is borderline inevitable, especially if the custody agreement came when the child was an infant. As children age, their needs will change which includes financial, physical, emotional, and educational changes (among others).
Your child’s needs may also change based on physical, mental, or emotional injuries or disabilities that arise over time. If there is evidence these changes are causing a significant impact on your child, it’s on the parent(s) to file a motionLF to reconsider the custody agreement.
The custodial parent will be more familiar with those changing needs, so it’s important to keep honest and open communication for both co-parents (this is one of our tips for being a better co-parent).
Contact an attorney to make custody changes
The scenarios that could lead to a custody change reach far beyond what we can list in a single post. An initial parenting plan can be the key to avoiding situations like this in the future, so you can download our free resource on coming up with the perfect plan.
If you think there’s a situation that calls for your custody agreement to be altered, contact KL Family Law and rest assured your case will be handled with care and compassion. We believe in helping families move forward with compassion and integrity.
KL Family Law
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