Modification

When can a court modify child custody and visitation in San Diego?

Generally speaking, as long as a child is still under age 18, the court has the power to change custody or visitation schedules whenever modification is “necessary or proper” and in the child’s best interests.  But, if there is already an existing final custody/visitation order in place, the court will require proof of a significant change of circumstances affecting the child and proof that modification is essential to the child’s welfare.  This extra requirement applies in all California courts, including San Diego.  The standard is similar in most states in the United States.

The reason for the extra requirement of significant change of circumstances applies because courts want their orders to be final.  If court orders could be changed at any time, the orders would not be taken seriously and the courts would be burdened far beyond their capacity.

Every case must be looked at individually to determine whether there is actually a significant change of circumstances.  A lawyer can research a large number of cases to determine how courts have ruled in the the past.  Using this information, a lawyer can create a persuasive argument for or against a modification.  In most cases, modification orders are complicated and require the assistance of counsel.