A child custody order can be changed by way of an agreement or order of the court.
You may be able to change your child custody order by way of an agreement with the other parent. If you and the other parent agree to a change in the order you and the other parent can file a Stipulation and Order with the court to change the child custody order. If you do not file a new order, the previous order will remain the order of the court. You can use form FL-355 to file your agreement with the court. Read the form, it has other forms that attach to it.
If you and the other parent do not have an agreement you can file a Request for Order (form FL-300) with the court seeking a change in the child custody order.
Child custody orders can be changed or modified provided you are able to show a change in circumstances warranting the change or modification.
Not every change in circumstance will warrant a change in the custody order. Below are some examples that may sway the court to make a change in your custody order.
- A child has grown older and the needs of the child have changed since the prior order.
- A parent is abusing the child(ren).
- A parent is abusing drugs or alcohol.
- A needed change in residence which would be a long distance from the other parent.
This list is not a full list of what could be a change in circumstance and every case facts are different. It is important to meet with a child custody attorney to discuss whether or not the facts of your case would allow for a change in your custody order. Contact Sara Thompson, Auburn Child Custody Attorney, at 530-285-4844.
You can find the forms mentioned above at this link https://www.courts.ca.gov/forms.htm