What should I bring to a custody modification hearing?

Asked about 3 years ago - Costa Mesa, CA

I filed an OSC for an upcoming custody modification hearing. I am wondering what paperwork I need to bring with me to court on that date, and whether I need to serve any paperwork to my ex-spouse as well. I was thinking about submitting letters of support that have been written on my behalf as well as articles that show children need more time with their fathers. Is this appropriate to submit for a short OSC? I am asking the court to order an increase in time per week with my children, and want to make sure I think of everything. Any advice on paperwork to submit, letters, evidence, etc?

Attorney answers (3)

  1. Answered . It's impossible to give you a useful answer without reviewing ALL the facts of your situation, but generally, a court is much LESS interested in information as to what is good for "children" in general than in information as to what is good for YOUR children, and why the current arrangement for YOUR children should be changed. Doing this on your own, without an EXPERIENCED family law attorney, is VERY difficult.

  2. Answered . You really should consider hiring an attorney to put your best foot forward. You will only be able to request a change of custody and visitation orders if you can show a change of circumstance, so you really need to put forward the best argument possible. An experienced family law attorney will be able to guide you on how to convince a judge how to reach your desired result.

    Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing,... more
  3. Answered . You have waded into a complicated area of law in which the rules of evidence are central. A forum like Avvo is not designed to give anything but general information, so what can be said here won't be of much help. The likelihood of success will be dramatically increased if what you take to your modification hearing is your attorney, your documentary evidence, and your witnesses.

    Best wishes for a favorable result, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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