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I'm looking for decisions or court cases in California that determined modifications in custody, visitation, and support.

Victorville, CA |

I am researching court cases and rulings that have been made in California related to the modification of custody, visitation, and support, in order to help determine current criteria trends, and judicial decisions. I currently have sole physical and legal custody with visitation to father. His OSC declaration asks for a change without any reason or documentation other than asking for a change. Our last order was made in 2009. Must his reasons and supporting facts be presented in his declaration? Can he present additions to his declaration after filing? Can he introduce verbal reasons in lieu of documentation? He has sited Reifer VS Superior Court.

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Attorney answers 1


First, his citation of Riefer is nothing more than a general opening statement that the court could use his declaration as his testimony. It is a common case used in a lot of opening statements.
Concerning cases that discuss changes in custody and visitation. There are too many to count.
The basic premise is that there has to be a change of circumstance in the children’s lives to modify custody. It is possible to modify visitation with a lesser standard.
As far as child support goes it is also a change of circumstance test since the last time support was modified.
Custody, visitation, and support are some of the most highly contested areas of family law and you need to discuss your case with an experienced family law attorney. Sorry I could not be of any more help.



can you name just few of the most pertinent perhaps?

Edmund Lee Montgomery

Edmund Lee Montgomery


The main case on changes of custody is In re the Marriage of Carney (1979) 24 Cal 3rd 725 that established that it takes a substantial change of circumstances in a child's life to change custody. I would need more information to direct you further because each case has a certain set of facts that directs you to a certain case. On child support it depends again on what you are trying to prove. The current case on imputing income to someone is In re the Marriage of Bardzik (2008) 165 Cal App 4th 1291 that sets up a two part test of ability and opportunity to work.

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