If you got divorced with children, you probably have a legal child custody and visitation (parenting time) agreement. This legally binding document typically includes information about child support payments, the division of custody between parents (50/50, 70/30, 80/20, etc.), how vacations and holidays will be spent, and so on. However, life does not usually follow a straight path. 

The California family law courts recognize that variations of this agreement are likely from time to time, and you can make small or temporary changes to your child custody schedule (like trading weekends, adding/subtracting time due to schedule changes, etc.) via written agreement (emails or texts are the best way to have a traceable record). 

However, any consistent changes in the custody/visitation agreement should be redrafted through the courts to keep things streamlined.

Child Custody Modifications: When Do You Need One?

Child custody modifications can be made anytime as long as you complete the necessary court document (FL 300) and pay the associated court fees. Usually, a request for modification costs $100 or less, assuming the other parent is in agreement and no additional court time or weighing in from a judge is required. 

Here are some of the most common examples of when parents request a child custody modification:

There is a change in circumstances OR the “best interest of the child”

First and foremost, you’d only file child custody modifications in situations where there is a specific and notable change in a parent’s/child’s circumstances and/or the changes are inarguably in “the best interest of the child.”

The purpose of child custody agreements is to create the most stable parenting and home life for the child(ren) in question. So, this isn’t something that should be altered on a whim. That said, if things have shifted significantly enough in either of the parents’ lives – or the proposed shift would benefit the child’s well-being, a child support modification is a wise way to reset the co-parenting routine.

Income status has changed enough to alter child support payments

Child support payments are not quite set in stone – but close to it. The state of CA uses a Guideline Calculator that you can use online to get accurate estimates for child support payments. Both parents are legally required to supply each other with the relevant financial information requested by the form. 

In our experience, the results produced by this calculator are typically upheld by a judge unless extenuating circumstances sway the judge’s decision.

This calculator should be used any time either party experiences a notable, long-term shift in income – be it higher or lower – as it alters the payment amounts. You do not need to go back to court to make this adjustment if you can come to an agreement based on the new figures (but you should have an email or signed letter that states the new payment terms, and that is signed by the other parent in case it’s needed down the road.

However, if you want to decrease child support payments, or you feel you should receive more, and the other parent doesn’t agree, you’ll need to file a child custody modification for the court to decide.

Significantly altering parenting time

If changes in one or the other parent’s schedule – or the child’s needs – affect parenting time, that’s an automatic child custody modification. Some of the most common causes for changing how much time a child spends with each parent may be due to:

• Changes in a parent’s work schedule.
• Relocation to an area outside of a reasonable commute between homes.
• Moving or relocating to a new school district (depending on the age and wishes of the child, this might give the local parent reason to increase physical custody parameters). 
• A child’s wishes (the older a child is, the more say they may have in where they spend their time and why – especially during the teen years and only if the court feels it’s truly in their best interest).
• Situational developments that alter where it’s best for the child to spend time.

So, while you don’t need to file legal child custody modification requests for a change both parents agree on that keeps things reasonably balanced, you should pursue one if the change significantly alters the current terms.

There’s a history of combative or drama in the parenting relationship

As child custody mediators, we strive to create divorce and child custody agreements that minimize combativeness, drama, and stress. That said, some relationships and personalities are more complicated than others. 

If there is a history of competitiveness, drama, etc., then we recommend filing legal custody modifications if any changes are long-term or more than just the occasional later arrival or swapping weekends for a specific event. The legally binding agreement is irrefutable and protects the parent who files it – and the children – from unnecessary back-and-forthing or legal threats.

The child’s safety or well-being is at risk

In most cases, if you feel your child’s safety or well-being is at risk, you would bypass the FL-300 form and file an emergency child custody order instead. A standard modification goes through the normal court pipeline and may not result in a hearing/judgment for four to six weeks or more. That is not the route you want to take if you are worried for your child’s physical or emotional health.

An emergency custody order is fast-tracked and ensures you’ll hear back from the courts within about 48 to 72 hours or less and will have a hearing/judgment within 10 business days. 

Emergency custody orders are used when:

• The child is a victim of physical or mental/emotional abuse.
• They have witnessed domestic abuse in a home OR a member of that household has been charged with abuse.
• Your child shows signs of neglect or reports being homeless, foodless, drug use in the home, etc.
• A parent threatens to take away or withhold parenting time or visitation.
• There is a suspected kidnapping risk.
• A parent is refusing to provide/approve a lifesaving or related medical procedure.

It is wise to seek the support of a family law specialist whenever you pursue traditional or emergency modifications to a child custody and visitation order.

The Law Offices of Gerard A. Falzone Facilitates Stress-Free Modifications To Child Custody

For more than 40 years, the Law Offices of Gerard Falzone have supported Bay Area couples do what’s necessary to complete divorce and child custody proceedings while supporting everyone’s well-being. Using child custody mediation to complete modifications to a child custody agreement is the best way to put your child’s best interests at the forefront, minimizing antagonizing or painful emotional complications.

Contact us to schedule a consultation and learn more about how to create child custody modifications that work today and into the future, helping to scaffold healthy co-parenting communication and relationships for the future.