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

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?

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Attorney answers 3

Best Answer

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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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.

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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.

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