Modification of Orders Attorney In Rancho Santa Fe, CA

Ideally, once a family is granted a custody order, they’ll be able to abide by it until the child becomes an adult. However, family situations can change. Parents can move or change jobs, and the child’s needs can change as they get older. When you need to modify a custody order, having a Rancho Santa Fe modification of orders lawyer on your side can make all the difference.

Skilled Modification of Orders Attorneys

The attorneys at Neumann Family Law, A.P.C., understand the complicated emotions often involved in child custody cases. Our team of four skilled attorneys has over three decades of combined experience in various aspects of California family law. We’re dedicated to achieving the most favorable outcome possible for our clients’ cases. This includes going back to court after a case is resolved.

California Laws Surrounding Modification of Orders

With 21% of San Diego County being 18 or younger as of 2023, courts take the rights of children very seriously. When a California court decides who a child should live with or visit, the child’s health, safety, and well-being must be the most important factors.

Courts typically support children having regular contact with both parents after a split. In San Diego County, 7-12% of residents were divorced as of 2023. Courts encourage parents to share the duties and rights of raising their child.

However, situations can change, resulting in the need to go back to court and modify the custody order. It’s important to hire a modification of orders lawyer to help protect your family’s rights during this time.

In California, the court can change a custody order for a child after the original case is closed. For Rancho Santa Fe residents, this process is overseen by the Central Courthouse, located at 1100 Union Street in San Diego.

Reasons for a Modification

The court will modify an order as long as it believes it’s necessary for the child’s well-being. Reasons for needing a modification can include:

• A parent moves to a different city or state, making the current custody arrangement impractical
• Changes in a parent’s work schedule that affect their ability to care for the child during agreed-upon times
• Changes to a parent’s job and income
• Concerns about the child’s safety
• Changes in the child’s needs, like health or education
• One parent’s increased or decreased involvement, such as a parent becoming unable to care for their child

Joint Custody Orders in California

California law assumes that joint custody is usually right for a child if both parents agree in court, but the court may decide that joint custody is not ideal in some cases. Either parent can ask the court for joint custody, and the court may order an investigation to help decide if this arrangement is appropriate. If a parent wants more time with their child, they can request a modification to the existing custody order.

When the court decides to approve or deny joint custody, it must clearly explain its reasons. If joint legal custody is ordered, the court will specify when both parents must agree to decisions about the child and what happens if they don’t agree. Usually, either parent can make decisions alone unless the court says otherwise.

The court can grant joint legal custody without joint physical custody, meaning parents share decision-making authority, but the child primarily lives with one parent. The court may also name one parent as the main caretaker and one home as the primary home for purposes like public assistance.

Joint custody orders can be changed or ended if one or both parents request a modification and the court thinks it is right for the child.

Hire a Modification of Orders Lawyer From Neumann Family Law, A.P.C.

The attorneys at Neumann Family Law, A.P.C., in Rancho Santa Fe, CA knows that life circumstances can change for the families we represent. Once a custody order is granted, our team is ready for any modifications that need to be discussed down the line. As with every case, our attorneys approach our strategy with your needs at the forefront. We know that no two cases are the same, and each one requires a custom legal strategy personalized for every client.

FAQs About Rancho Santa Fe, CA Modification of Orders Laws

How Can a Lawyer Help Me in My Modification of Orders Case?

A lawyer can help with your modification of orders case by guiding you through the entire legal process and improving your chances of success. First, they can assess your situation to determine if your case meets California’s standards for modifying custody, such as proving a significant change in circumstances with evidence. Often, custody modifications can be settled outside of court, and your lawyer can negotiate on your behalf to reach a fair agreement.

What Happens if My Child’s Other Parent Wants to Move Out of California?

If your child’s other parent wants to move out of state, California courts have the authority to determine child custody if they made the original order. However, if neither parent lives in California anymore, another state may take over custody decisions. California courts can only change a custody order made by another state if California had jurisdiction to make the first custody decision. Courts from California and other states must communicate when custody issues involve more than one state to avoid conflicts.

What Evidence Do I Need to Support My Modification of Orders Case in California?

To support a modification of custody orders case in California, you need evidence that shows a significant change in circumstances since the original order was made. You must also provide proof that the requested change is in the best interest of your child. Documentation like school records, new work schedules, medical reports, and communications with the other parent can be helpful. Witness statements from people who know the child may strengthen your case.

Can I Request a Modification to Child Support in California?

In California, it is possible to request a modification to a child support order if there has been a change in your circumstances. Valid reasons include changes in custody, becoming disabled, losing a job, or starting a new job with a different income. You need to file a request with the court explaining why the change is needed. If both parents cannot agree on the new amount, the court will hold a hearing, where a judge will decide.

Choose a Trusted Rancho Santa Fe Family Law Firm

When you come into our office, you’ll be met with the compassionate legal care of our family law lawyers. The legal team at Neumann Family Law, A.P.C., serves clients throughout Rancho Santa Fe and the surrounding areas. We strive to provide transparent legal expectations to our clients so they can make informed decisions. Contact our team today to learn how we can help you advocate for your family’s needs.

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