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Family Law

Newport Beach, CA |

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

Attorney Answers 5

Posted

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 intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.

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Posted

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.

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2 comments

Asker

Posted

Well why does dads attorney always succeed with "Your honor there is no change on moms behalf so we object to any change".

Jennifer Renee Posey

Jennifer Renee Posey

Posted

You have to pile on all of the theories you can in your Request for Order Declaration: child's age, change in schools (elementary to middle), father's lack of regular contact, child's wishes, schedule doesn't function, parents not cooperating, lack of communication, work schedule change, and on and on. maybe it's your attorney? or maybe you are appearing without one! THAT can put you at a disadvantage.

Posted

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. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.

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Posted

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.

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1 comment

Amy Marie Montes

Amy Marie Montes

Posted

I agree with this comment, and I also would encourage you to seek legal advise because some matters do not require a significant change in circumstances. For example if you have temporary custody and visitation orders, then the standard is the best interest of the child, not a significant change in circumstances. I would consult with an attorney.

Posted

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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Asker

Posted

What is a final custody order? All dads attorneys state "There is no change, so we object to any change".

Barbara Jo May

Barbara Jo May

Posted

You should seek the advice of an attorney to help you determine if your custody order is a final custody order. There is some fairly complicated case law interpreting what a "final custody order" is.

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