Modification of Orders Attorney In Del Mar, CA

While many parents may think their case is officially over once a custody order is granted, this is often not the case. Even though a custody order is legally binding, there are many scenarios where it can be modified. Working alongside a Del Mar modification of orders lawyer can help you achieve the most favorable solution for your family’s changing needs.

How We Can Help

The attorneys at Neumann Family Law, A.P.C., have helped many clients obtain modifications to child custody, child support, and spousal support orders. Our four attorneys, including two Certified Family Law Specialists, work throughout Southern California to protect our neighbors’ legal rights. With over three decades of combined legal experience, our firm is a pillar in the family law community.

Modification of Orders Law in California

When a custody order is granted or modified, parents must go through the California court system. For Del Mar residents, this process is typically carried out at the Central Courthouse, located at 1100 Union Street in San Diego. The Central Courthouse makes decisions based on the best interests of the child, regardless of the parents’ personal feelings.

Courts in California generally encourage both parents to maintain a relationship with their child and split parental obligations after a divorce. In Del Mar, 9-17% of the population was divorced as of 2023.

When a Modification May Be Necessary

While a child support or custody order would ideally work until the child reached adulthood, unique family situations often arise, making it necessary to modify an established custody order.

During this time, it’s important to hire a modification of orders lawyer. A lawyer with experience in this niche of family law can help guide you through the entire legal process. The attorneys at Neumann Family Law, A.P.C., can listen to every detail of your story and determine if your needs meet California’s rules for custody modification. This can be for a variety of reasons, such as:

• Moving to a different city or state
• A parent’s work schedule changing
• Changes in a parent’s job and income
• Concerns about potential abuse or neglect of the child
• Changes in the child’s needs, such as their healthcare or education

To have a court grant this modification, extensive proof is necessary. Your lawyer can help gather this evidence. This can include copies of new work schedules and bank statements, your child’s medical reports or school records, and even witness statements from credible sources.

Alternatives to Court

Luckily, a full trial often isn’t necessary to modify a custody order. California offers alternative dispute resolution, or ADR. ADR is a way to settle legal disputes without going to a full trial. It is usually less formal, quicker, and less expensive than court trials. ADR gives people more control over how and when their case is resolved.

The main types of ADR in custody modification cases include:

• Mediation: This process involves a neutral person, called a mediator. The mediator’s role is to promote fair conversations between parents. They’ll facilitate a conversation where both sides are heard and try to come to an agreement about the custody order. The mediator is not there to decide the outcome but to allow the parents to decide together.This option is ideal for those who want to resolve their issues quickly and maintain a good relationship. However, for cases where there isn’t cooperation or if there are abuse allegations, mediation may not be the right option.
• Arbitration: This process is similar to a trial, but it is kept private and is often quicker. An arbitrator listens to both sides and then makes a legal decision regarding the case. Arbitration can be legally binding or nonbinding, wherein parents can still go to trial after the arbitrator has issued their decision.This process is useful for more complex cases, but it may not be the right choice if both parties want to maintain control over the outcome.

An experienced Modification of Orders Lawyer in Del Mar, CA will be able to advise you on the right ADR option for you. Regardless of what you decide, having a lawyer with you during ADR is vital to making sure your rights are never violated.

Hire a Modification of Orders Lawyer

At Neumann Family Law, A.P.C., we help represent clients throughout California in every stage of their custody case. In Del Mar, 10% of residents are 18 and younger, and their rights and interests should stay protected.

Our attorneys understand that life happens and circumstances change. We approach every client without judgment. We don’t bring bias into consultations, which helps us create a custom legal strategy that works for you and your family’s needs.

FAQs About Del Mar, CA Modification of Orders Laws

What Are the Chances of a Father Getting 50/50 Custody in California?

The chances of a father getting 50/50 custody in California are quite high. California courts typically grant joint custody unless specific circumstances require otherwise. They do not favor one gender over another.

In a 50/50 custody arrangement, both parents share joint legal custody, meaning they both make important decisions together about the child. The child also spends equal time living with each parent. This helps provide stability and fairness for both parents and the child.

Which State Oversees a Custody Modification if a Parent Wants to Move Out of California?

If a parent wants to move out of state, California will likely oversee a custody modification. California courts that have already made a custody decision generally maintain exclusive and ongoing authority over that case. This means only they can change the custody order if a parent wants to move states. If the child and parents no longer live in California, the state may lose jurisdiction. If California does not have exclusive jurisdiction, it can only modify the custody order under specific rules.

Is There a Set Timeframe That I Need to Wait Before Requesting a Modification to Custody in California?

In California, there is no set waiting period before you can ask to modify a child custody order. Once a custody order is in place, you can request a change at any time. However, you must show that there has been a significant change in circumstances since the order was made. This means something important about the situation has changed, like a change in the child’s needs or a parent’s ability to care for the child.

How Can I Demonstrate That a Modification to My Child Support Order Is Necessary?

An attorney can help you demonstrate that a child support modification is necessary by gathering strong evidence of a substantial change in your circumstances, such as a change in income. You and your lawyer should also show that your requested change is in your child’s interests.

Choose a Trusted Del Mar Family Law Firm

The legal team at Neumann Family Law, A.P.C., is passionate about providing our clients with empathetic legal care. Our attorneys put your needs at the forefront of our customized legal strategy. We serve clients throughout Del Mar and the surrounding areas. Contact us today to schedule your first consultation.

*CFLS = Certified Family Law Specialist by the State Bar of California Board of Legal Specialization