What are the factors which justify child custody or parenting time modification in San Diego? What must happen in order to request a change in these orders during or after your divorce?
The existing temporary or permanent child custody and parenting orders reflect the Court’s perspective of “the best interests of the child(ren).” While these orders are not locked in forever, they are firm. The Court is too busy to consider every desired custody related case. The factors which justify child custody or parenting time modification in San Diego include, but are not limited to:
Domestic violence – if the threat or existence of domestic violence could affect a child the Court will consider modifications to child custody and/or parenting time.
Alcohol or drug abuse or addiction – if one of the parents relapses or develops an alcohol or drug abuse or addiction it is one of the factors which justify child custody or parenting time modification in San Diego.
Flagrant violations of the existing orders or parental alienation – if one of the spouses regularly violates existing custody and parenting time orders or is attempting to cut off or poison the relationship with the other co-parent (parental alienation) the Court will almost always hear the case.
Agreement of the parties to modify existing orders – COVID-19 has brought many challenges to co-parenting based upon remote learning and the impact on work schedules. This is an example where the co-parents may both agree upon specific changes to existing custody and parenting time orders. The Court does not need to hear the case but will review and approve properly formatted and structured requests.
Move away or relocation – if one of the co-parents needs to or wishes to move away or relocate there will obviously be an impact on existing child custody and parenting time orders. These cases can be legally quite complex and as soon as a co-parent learns of relocation plans they need to contact the proven family law attorneys at Burke & Domercq.
While there are several factors which affect child custody or parenting time in San Diego each case is unique. Protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.