Child custody arrangements are as different as the families they affect. But in the last few years, there has been a clear shift toward shared physical custody. In over half of child custody cases, both parents settle that the mother should have custody of the child. In fact, 80% of one-parent families are headed by mothers.

After making a custody agreement, life often undergoes changes. Jobs change, kids get older, and families move. Due to the changes and circumstances, what used to work before no longer fits the children’s needs. In California, custody agreements aren’t set in stone—you can ask the court for changes if there’s a good reason. 

Below, you’ll learn how to change a custody agreement in California and how to work the legal system efficiently.

Understanding Custody Agreements in California

If you and the other parent wish to negotiate a custody agreement, it is good to know what these agreements usually talk about. This is a way to specify how you and the other parent share responsibility for the child upbringing.

They deal with legal custody, or the right to make decisions. This also includes the physical custody of the child.  

When it comes to these agreements, courts usually go for arrangements that provide stability and allow both parents to maintain contact. It looks at each parent’s involvement in the child’s upbringing and their other special needs. Communication is important during these conversations, so be flexible if needed.

Understanding the above will increase your prospects of reaching a fair agreement for the welfare of your child while cooperating with the other parent.

Grounds for Modifying a Custody Agreement

Modify the custody agreement on reasonable grounds; those are not intuitive, and one has to put in effort to ensure that the grounds are worthy. In general, reasons leading to reformulation include major changes, like relocation of jobs of one of the parents or either going down the income scale or up on the health scale.

If your child’s needs have changed—for instance, requiring special behavior services—you will have a case for modification. Also, if what your child is going through is dangerous or detrimental to health or life, then immediate action should be taken.

Grounds for changing could also be when the other parent is unable to carry out what was drafted within the current agreement, for instance, by missing visitations repeatedly. In other words, the request to change should be inline with the fact that the court believes it is best for the child. That will increase your chances of having a go through to the successful conclusion of the case.

Family law attorney Tad A. Nelson says that a family lawyer assists parents in the surrounding areas with all kinds of child custody and visitation issues, including modifying an existing agreement following a divorce or other change in circumstances. 

The Legal Process for Changing Custody

To modify a custody agreement in California, you will have to go through a certain legal process that makes sure your petition is not taken lightly.

Collect all evidence indicating why modification is needed, for example, changes in circumstances or changes relating to the child.

File a petition at family court involving the reason you believe you should change the custody agreement. Again, serve the other parent with the notice to give that person an opportunity to respond.

The court will schedule a trial for you to hold court wherein you present your argument. Be perceptive when discussing your proof and questions asked.

Following all the rules of the court and all deadlines will keep your petition intact through this process.

Preparing for Court Hearings

Once you file the petition and schedule your court hearing, you need to prepare very well. You collect all documents, including your primary custody agreement, proof to support your cause, and any proof of changed circumstances.

Organize your materials in a method that would allow easy accessibility once hearing occurs. Prepare documents, such as a timeline of events prompting the modification. Rehearse your presentation so that you can present your idea and have faith in your speech.

Consult an experienced attorney who would be able to orient you about court processes and what to expect. On the day of the hearing, appear early, dress accordingly, and behave with respect.

Post-Modification Considerations

As soon as custody gets modified, it’s very important to make changes all the way through.

Understand the new terms well and communicate them to your co-parenting partner. Be consistent. Stick to the schedule given in the document and encourage the child to adjust to it.

Check on the child every so often to see if they feel fine about the new arrangements and talk about any concerns the child has. Document any issues that come up and keep a record of correspondence with your co-parent.

If problems continue, consider mediation or legal advice. Be willing to make changes later on, as the needs of the family may change.