You want to be there for your child – not just on weekends or occasional visits, but as a real presence in their life. Maybe you’ve turned things around, moved closer to them or built a stable home. However, your co-parent currently has sole custody, and you wonder how to move forward.
Fortunately, custody orders in California are not cast in stone. If there is a significant change in circumstances, the court can change an order and, possibly, involve you in the child’s life under a shared custody arrangement.
Courts won’t change custody for just any reason
California courts won’t modify custody orders simply because one parent is unhappy with the current setup. You must show that there have been recent significant developments that affect the child’s well-being or something that makes your involvement in the child’s life more beneficial.
For instance, if you were initially deemed an unsuitable parent but have turned over a new leaf by completing rehab, securing stable housing or demonstrating you can provide a safe and nurturing home, the court may consider granting you more time with your child.
If the custodial parent is neglecting the child, mistreating them or is unable to meet their basic needs, that could be grounds for modification. Your child’s changing needs also matter. As they grow, their personal preferences may make a new arrangement more beneficial, especially if they express a desire to spend more time with you.
How the process works
If you believe you should have more time with your child but cannot agree with your co-parent about it, you’ll need to take your case to the court. The process involves filing a request for order and serving your co-parent with the necessary paperwork.
California law requires both parents to attempt mediation before going to court. If you reach an agreement with your co-parent, it will become the new custody order once the court approves it. However, if mediation fails, the judge will decide the way forward after listening to both sides.
The modification process requires strong evidence, proper documentation and a clear understanding of the law, especially if you’re not on the same page with your co-parent. Seeking legal guidance can help you prepare for the challenges and protect your parental rights.