In California to change a custody order there needs to be a showing of "substantial change in circumstances" since the prior order. If Dad has not been involved and only now wants to start getting involved then I think you have a point to make -- he needs to really show that the kids are important and he is consistent in his care and concern. Simply wanting to change the order is not a sufficient change under the law. If you have a contested custody action the court should look first to what is the change in circumstance, and then next to what is in your children's best interest. If a Dad does want to be involved it is a good thing for the kids -- so long as he is consistent about it. I would recommend you seek an attorney in your area to assist you with this process - while it is not required, it would definitely be helpful.
The information provided is general in nature and should not be considered as legal advice. Shannon Richards is licensed to practice only in California. No answers provided shall constitute and attorney-client relationship. No attorney-client relationship is formed unless and until a potential client contacts the office, meets with Ms. Richards and executes a written fee agreement. Law & Mediation Office of Shannon Richards www.napafamilylaw.com
It is unclear whether or not you have a hearing set in front of the Court to hear custody. In San Diego a Family Court Services recommendation carries significant weight but it is just a recommendation the Court does not have to abide by it. Sole Legal and Physical custody can be very difficult to obtain. You need to meet with an private attorney or Family Law Facilitator to discuss the proper arguments.
You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established
Child custody Custody mediation Custody hearings Family court and child custody cases Physical custody Sole custody Temporary child custody Visitation rights in child custody agreements Mother's rights in child custody Parental rights in child custody Family law Mediation Court basics Court orders
Sign up to receive a 3-part series of useful information and advice about child custody law.