How long should a parent wait to modify child custody after an order?

Asked about 1 year ago - Saratoga, CA

After CSC, an agreement was made based off an evaluation. I don't agree and want to modify child custody. How long should I wait? What would constitute a "change in circumstances"? What about child preference or if mother's employment changed location and was no longer able to see child because of the distance of her new job. Would either of these be a "change in circumstance". Would the judge consider a modification?

Attorney answers (3)

  1. John Noah Kitta

    Contributor Level 19

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    Answered . It all goes to substance the significance of the change of condition. If you have active change offs of timeshare with the child and participate in child’s extracurricular activities and school events and mom moves far enough away that it entirely changes your ability to participate with child. This could be construed as major. If mom moves ten miles from her former residence perhaps not.

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  2. Myra Chack Fleischer

    Contributor Level 12

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    Answered . The two instances you cite would be considered a change in circumstances but a lot depends on why you were in court before, your current order, etc. I would consult with counsel to see if it is timely to go back now or wait a few months.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an... more
  3. David Alexander Yomtov

    Pro

    Contributor Level 16

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    Lawyer agrees

    Answered . What you describe could potentially be a "change in circumstances" warranting revision of the current plan, but you'd have to discuss this in more detail with an attorney, since every case is different and it depends very much on the facts, the people involved, and the procedural history of the case.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more

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