San Diego Custody Modification Lawyers
Fighting for Fathers’ Rights

When a divorce case proceeds and child custody is arranged and/or awarded, many people think that this result is permanent and cannot be changed.  However, California law does allow for child custody arrangements to be modified – some are modified because of life events and others because of necessity.  If you are considering moving for a change in the custody arrangement concerning your child or children, seek the help of San Diego custody modification lawyers immediately.  Below is an overview of this issue.

Custody Modification Based on Life Events

When people get divorced, it’s not uncommon for the former spouses to experience changes in their own lives.  These changes can involve finding a new job, changing job duties or even moving out of the local area where both parents live for one reason or another.  When these situations arise, it often makes sense to modify the child custody arrangement that exists because of practicality if for no other reason.

If a parent changes jobs and begins to work at night, for instance, the child he or she cares for should not be left alone during the day or while the parent is at work.  This would constitute a substantial change in circumstances that is often required in order for a child custody order or arrangement to be modified.

Custody Modification Based on Interests of the Child

Unfortunately, not all parties to a divorce move on in life in a positive direction.  When these negative situations arise, it could lead to substantial harm to the child if he or she is exposed to aspects of life that would not be healthy in the long run.  When these problems appear, it’s common for the non-custodial parent to make a motion to the court to modify the child custody order that exists.

Examples of negative lifestyle changes include situations where the custodial parent begins to drink heavily, becomes involved with illegal drugs, experiences significant psychological problems that put the child at risk or even when the custodial parent is arrested and faces incarceration.

Procedures to Modify a Child Custody Order

If the situation that requires some sort of change in the custody arrangement is to be worked out in a positive manner, it’s allowable for parents to negotiate the new arrangement among themselves.  However, when this agreement is reached, it must be entered with the court so that the new terms can be enforced.

If there can be no agreement reached, which is often the case, then the parent who wants the custody order modified needs to make a motion to the court and present his case to the judge in a convincing manner, and this includes proof of a substantial change in circumstances.

If you are facing this possibility, you owe it to yourself to put your best foot forward in the interests of your child or children.  Therefore, you need to seek the help of San Diego custody modification lawyers who understand what it takes to meet the substantial change in circumstances standard and who can fight for your rights and the best interests of your child.  Contact the Law Offices of James D. Scott today to schedule an initial consultation.