CA child custody law, procedure for modifying child custody order

Well, mother can certainly change her mind and repudiate (or at least try to) her handwritten agreement. However, she cannot insist on a plan that is in contradiction to the court order. Until someone obtains a new court order on this subject, that is the document that will control in any dispute on this subject. What father can (and should) do is present this written document to the court and try to get the custody and visitation modified and entered as a court order ASAP based on her agreement. Bear in mind, thought, that if father does that he is bringing the matter before the court, at which time mother will raise her desires in an attempt to get what she wants. If she currently shows no sign of going into court on her own to do this, and if father is basically ok with the current order, then he should consider letting sleeping dogs lie. Also bear in mind that when seeking to change a custody and visitation arrangement, depending on the status of the proceedings (for example, pre or post judgment), there are hurdles to overcome that might be presently insurmountable. Father should seek the advice of an experienced family law attorney to get his questions answered after a review of ALL the facts. Remember, though, the current court order is the controlling document until it is changed. It CAN be changed by the parties in a written document, but once that written document is executed it should be converted into a stipulation and order modifying the earlier court order and then be presented to the court for signature by the judge. Once that happens that stipulation becomes the current court order and will be the controlling document.

Either parent can go back to court and show a change of circumstances that would cause the court to issue a new order. One parent acting irrationally is grounds for the court to consider a new order.

In San Francisco, Family Court Services mediation is strictly confidential and the mediators are not supposed to pass on information furnished by the parents in confidence. If necessary, you may need an outside evaluation to determine what is in the best interests of the children. Any attorney representing one of the parties in a situation such as this would need a lot more basic information, such as the ages and maturity of the children, problems encountered by the children, if any, with each parent, which parent has traditionally performed basic child care services, the work schedules of the parties, domestic violence issures, etc.