Family Law

Asked 6 months ago - Newport Beach, CA

How do you prove to the courts a change in circumstances when there are none to change?

Attorney answers (5)

  1. Jennifer Renee Posey

    Pro

    Contributor Level 9

    6

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    Answered . well, not a lot of information here to work with. Remember with just a change in a custody SCHEDULE you do not need a change in circumstances. and some may argue that a change in the child's AGE may be a change in circumstances.

  2. Wail Sarieh

    Pro

    Contributor Level 17

    3

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    Best Answer
    chosen by asker

    Answered . change of residence, income, age, needs, schools. etc.. Someone got convicted with a felony, child abuse; if none then you cannot prove the non-existent

    This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not... more
  3. Stephen Ross Cohen

    Contributor Level 20

    3

    Lawyers agree

    Answered . First, a change in salary or earnings, needs of the child, passage of time (at least 2 years).

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more
  4. Pahoua C Lor

    Pro

    Contributor Level 5

    3

    Lawyers agree

    Answered . A change of circumstances can be proved by a number of things. The child's age, needs and wants may be enough to warrant a change of circumstance. For example, the child is older and no longer wants to visit with the other parent as much. There is new evidence that has surfaced that the other parent may not be capable of caring for the child, etc.

  5. Barbara Jo May

    Contributor Level 5

    3

    Lawyers agree

    Answered . If you are trying to change a final custody order, you actually need a "significant" change of circumstances. If you don't have a final custody order, you don't need to show a change of circumstances. And if you're only trying to modify a visitation or co-parenting schedule, you don't need to show a change of circumstances. If you are trying to modify a spousal support obligation, you may be able to show a change of circumstances by showing that the supported party hasn't taken steps to become self-supporting, if she or he was given an order to do so. You should consult with an attorney practicing family law.

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