You may have reached a custody agreement, or the court made an order on the custody arrangement. But sometimes, things change and one or both parents may need to modify custody. In fact, the custody arrangement may change several times before your child is an adult.
When Can I Modify A Child Custody Agreement?
In California, you can request to modify a child custody agreement at any time. It is not a difficult process, but it is more than simply telling the court you need to change custody. There must be a significant change in circumstances. It can also become quite stressful and contentious. You want to make sure you are always thinking about what is in the best interest of the child and how your child will benefit from the change in custody. The focus should never be on you and what you want.
How Do I Request Custody Modification?
In California, whenever you want to request a court order, you file a Request for Order (“RFO”) (FL-300). Once you file the Request for Order, you will receive a court conformed copy with your hearing date and a mediation date. This is the only required form.
You may also file a Child Custody and Visitation form (FL-311). This is not required but it can be a useful supporting document to make your argument for a change in custody stronger, especially if the other partner is not following the custody order currently in place.
You want to make sure that your Request for Order to modify custody (and the FL-311 if you choose to use it) are filled out correctly and completely to avoid any court delays, or the needs to file an amended RFO. A lawyer will help you complete the Request for Order completely and accurately.
How Do I File the Request for Order?
Once your forms are completed, you need to make two more copies of the completed packet. Take all three (original plus two copies) to the court to file. The court will stamp (“conform”) each packet noting the date of filing, and schedule a hearing date and time. Your conformed copy may also have a date and time for court-ordered medation.
The court will keep the original and give you back the two copies. You keep one for yourself and you or your lawyer will serve (deliver) a copy on the other parent (or their attorney). Remember! You are a party to the case so you cannot actually serve the other side, but you can have someone do it for you.
When the other parent is served with a Request for Order, you must also provide them with a blank Responsive Declaration. This is what they will use to respond to your request.
You can view an RFO and Responsive Declaration in the 4WheelJD™ Document Library
THERE IS A FILING FEE: When you bring your forms to the court, make sure you have the filing fee. This amount may differ by county. The “Fee Schedule” can be found on your court’s website. If you are unable to cover the amount of the fee for this and/or future filings, you may submit/file a Request for a Fee Waiver to the court. If granted, you will not have to pay filing fees. There are eligibility requirements based on your income or whether you receive certain types of public assistance, so review the request form carefully or speak with a lawyer.
What is the Court Process?
You now have your court date, you will likely have a mediation date as well which will take place before your RFO hearing. The mediation date is a court order and you must attend. The purpose of this mediation is to give you and the other parent a chance to come to an agreement on custody without the need for a hearing. This saves the court’s time, your time, and saves you the financial expense of a hearing if you have a lawyer.
Mediation does not always work and your need the judge to make an order. The judge reviews your request for order and any supporting documents, as well as the other parent’s responsive declaration with any supporting documents. The judge will hear from each party and consider any other evidence provided at the hearing. The judge will then make a decision which becomes your custody order. The custody order may stay the same or it may change. What is very important is to keep track of the custody as it plays out. Make note of any changes that happen, or deviations from the court-ordered custody arrangement for any future requests.
If you have an attorney, they may be ordered to submit a Findings and Orders After the Hearing (“FOAH”) which outlines the court’s findings on the matter and all orders made at the hearing. The court will also file a “Minute Order”. A Minute Order is a summary of the hearing. If you want, you can also order a transcript from the court reporter.
If mediation fails to reach an agreement, your case will go before a judge. At your child custody hearing, the judge will review all the forms submitted so far and view any additional evidence. If they find it in your favor, they will sign the agreement, and it will go into effect.
Do I Need a Lawyer For a Request To Change Custody?
The process of changing, or modifying, custody can be very involved and very stressful. But it’s important to remember your child’s interests, safety and stability, are what’s most important. You want to consider the benefits to your child when requesting to change custody.
You don’t have to do this alone. You do not have to face the sometimes complicated process by yourself. Your lawyer will be there with you at each step.
Contact 4WheelJD™ today a consultation.
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