What are the steps for modifying an existing child custody and visitation plan in San Diego? Generally speaking there are two primary ways to modify existing orders regarding child custody and visitation:
- If both parties are in complete agreement regarding proposed changes our firm can draft new documents which must be submitted to the Court for review and approval. This is usually a fairly straightforward process.
- If the parties are not in agreement it will be necessary to provide evidence to the Court that a significant change in the “Status Quo” has occurred which would justify the attention of the Court.
We’re going to focus on the idea that the parties may not be in agreement on every issue associated with modifying an existing child custody and visitation plan in San Diego. What are some examples of a substantial change in the “Status Quo”? Some of the most common reasons include a substantial change in the life of the child(ren), changes associated with the work and/or schedule of one or both of the co-parents, moving closer to or farther away from the primary area associated with the child’s existing life and schooling, or a substantial change in the ability for one of the co-parents to provide an appropriate level of care. This may involve domestic violence, alcohol and/or drug abuse or addiction or a conviction for a DUI.
If you intend to ask the Court for more time with your child(ren) we will need to provide evidence of what has changed, and why the request is consistent with the best interests of the child(ren). Move away and relocation cases often result in a contested child custody and visitation modification hearing. It is important to know that a co-parent cannot simply presume to take the child(ren) and relocate without the expressed written consent and approval of the Court who issued the original orders in your case. Each case is unique based upon the entirety of the circumstances surrounding the co-parents and the child(ren).
Modifying an existing child custody and visitation plan in San Diego can be a fairly simple matter if everyone is in agreement. If the parties are not in agreement, you need proven, experienced advice and counsel from the Certified Family Law Specialists at Burke & Domercq. Protect your own interests as well as the best interests of your child(ren), review the strong recommendations of former clients and the legal industry and contact us or call 760-434-3330 to schedule an appointment for a safe, confidential and private consultation with one of our experienced and proven Certified Family Law Specialists.