Modifying Child Custody Orders

Although California child custody orders or stipulated child custody orders may be modified at any time, it is important to note that different standards apply when seeking to modify an existing temporary custody order versus a final custody order.

If the existing custody order or stipulation is temporary, then the trial court reviews all the evidence offered in support of a modification in light of whether the proposed modification is in the child’s best interests. If, on the other hand, the existing order is a final custody determination (after a trial) or a stipulation intended to be a final custody order, then the party seeking modification must show that there has been a significant change in circumstances that so affect the child that modification is essential to the child’s welfare.

An existing custody and visitation order can be modified upon a showing that there has been a material change in circumstances since the court’s last order. Facts that can satisfy this standard can include, but are not limited to: the party with visitation has been consistently missing assigned visitation or has been having increased visitation; the party with custody has been intentionally interfering with the other party’s visitation rights; circumstances exist which pose a risk of harm to the child while in either parent’s custody; the child desires to live with the other parent and the child is fourteen years old or older. There are countless other facts that can satisfy this standard. These are just some of the more common reasons for changing an existing custody and visitation order.

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