Certified Family Law Specialist, State Bar of California, and Board of Legal Specialization

Whether it be a relocation for a job, one parent remarrying, or a child’s growing educational requirements, life circumstances are subject to change and may require parents to consider making adjustments to their child custody agreements. As a parent, you want to ensure that the custody schedule you have with your ex continues to meet your child’s changing needs.

A skilled Thousand Oaks child custody modification lawyer could help you explore your legal options. Once retained, local child custody attorneys will work with you to ensure the best possible outcome for you and your family.

Major Changes in Circumstances

To successfully pursue a post-judgment modification of child custody, a parent must prove that their circumstances have changed substantially. Additionally, these changes must have taken place since the last custody order was finalized.

Examples of Substantially Changed Circumstances

There are numerous reasons one or both parents may want to modify a child custody agreement after a judge issues it. However, a court may only consider modifications that involve significantly changed circumstances, examples of which include:

  • The custodial parent is not providing for the child’s physical and emotional needs
  • Either parent’s work schedule has changed
  • One parent moves away from the child
  • A parent is abusing drugs or alcohol
  • The child’s living environment has become unsafe
  • A child’s educational goals or needs have changed, requiring them to switch schools
  • A parent is living with a new spouse or partner with whom the child does not get along
  • A parent becomes unable to care for their child due to physical or mental disability

Determining whether a change in a parent’s circumstances justifies a custody modification can be challenging. The parent seeking to change custody must prove that doing so would improve their child’s safety and well-being. Accordingly, a parent in Thousand Oaks seeking to change an existing custody schedule may benefit from the assistance of a knowledgeable attorney.

Impact of the Child’s Best Interests on Custody Modifications

Under state law, a judge cannot grant a modification request unless it would be in the child’s best interests. Several factors are relevant to a court’s determination of a child’s best interests, including but not limited to:

  • The child’s age, health, and well-being
  • The amount of time the child has with each parent
  • Any history of domestic violence or substance abuse within the family
  • Each parent’s ability to meet the child’s needs
  • The quality of the child’s relationship with each parent
  • The child’s preference, if they are at least 12 years old and deemed mature enough by the judge

A parent seeking a custody modification is well-advised to contact a respected attorney in Thousand Oaks.

When Can a Parent Seek a Child Custody Modification in Thousand Oaks?

Under California Family Code §3022, a judge can modify a custody order upon a parent’s request any time before the child turns 18 if necessary to protect a child’s well-being. To do so, the court must determine that a modification is “necessary or proper” to protect a child’s best interests. A steadfast attorney in the local area could help a parent prove that a proposed custody modification would better suit their child’s needs.

Seek Assistance from a Seasoned Child Custody Modification Lawyer

Requesting changes to an existing parenting-time schedule based on a change in circumstances without the help of a capable Thousand Oaks child custody modification lawyer can be challenging. Call a local firm today to speak to a caring attorney about the specific details of your case.

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