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.
If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.
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 attorney for advice regarding your individual situation. We invite you to contact us at 858-720-8250 or by email at firstname.lastname@example.org. Contacting us does not create an attorney-client relationship unless we are retained.
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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
Sign up to receive a 3-part series of useful information and advice about child custody law.