What You Need to Know About Modifying Child Custody in California
Child custody can be tricky to navigate within California’s court system. Here’s how to modify child custody in California.
As life circumstances change, parents may want to change child custody. To modify child custody, parents must show a “change in circumstances” to prove that a child custody change would benefit the children. First, fill out, make copies of, and file the correct forms with the court, then serve the filed forms to the other party. Child custody may then be modified in either court or mediation.
Nine Steps to Modify Child Custody in California
1. Filling Out Court Forms
To begin the child custody modification process, fill out:
- Request For Order (Form FL-300)
- Child Custody and Visitation (Form FL-311) (Optional)
In these court forms, it is important to explain why it is necessary to change the existing child custody order. In the optional Child Custody and Visitation form, the filing parent should detail information about visits, holidays, and other scheduled arrangements for the judge to consider.
Related: Child Custody Laws in California
2. Have Your Forms Reviewed by a Lawyer
A Family Law Facilitator can make sure that the parent fills out the paperwork correctly. Parents can also hire a lawyer of choice to provide legal advice or assistance. Parents can hire an attorney through “limited scope representation”, a cost-effective option where the attorney handles only certain aspects of the case.
3. Making Copies of Court Forms
It’s crucial to make two copies of the original court forms. Each parent will be given a copy, and the original documents will be given to the court.
4. Filing the Forms with the Court Clerk
The clerk will stamp the two copies and keep the original document. There is a filing cost ranging from $200-$400. If the parent cannot afford the fee, they can ask for a fee waiver.
There are three ways to qualify for a fee waiver:
- If the parent is receiving public benefits (Medi-Cal, Food Stamps, Cal-Works, General Assistance, Supplemental Security Income, State Supplemental Program, Tribal Temporary Assistance for Needy Families, In-Home Supportive Services, and Cash Assistance Programs for Immigrants)
- If the parent has a household income that is less than the amounts listed in FW001- in item 5B
- If the court determines that the parent does not have enough income for basic household necessities with the addition of the court fee.
Additional Fee Waiver Information: (Form FW-001-INFO)
5. Receiving Mediation or Court Date
The court clerk will provide the court date. The parent may have to meet with a mediator before the court date or attend a mediator orientation.
6. Serving Papers to the Other Parent
Hire or have someone over the age of 18 (other than the filing parent) serve the papers to the other party. Additionally, attach a blank Responsive Declaration to the Request for Order (Form FL-320). Check Form FL-300 to see if there are any additional court-ordered documents to be served.
The other parent might have to be served in person if item 7 on Form FL-300 is unchecked, but the rest are checked. A family law facilitator or lawyer can let you know if the paperwork must be served in person.
If there are no checked boxes, the parent can be served by mail. Service of process must be completed 16 calendar days before the court date, or 21 calendar days if served by mail.
7. Filing Proof of Service
The server must fill out a Proof of Personal Service (Form FL-330) and give it to the parent to file at the court. If the service of process was completed by mail, the process server must fill out a Proof of Service by Mail (Form FL-335) instead.
8. Going to Mediation or Court
Your local court may require that both parents attend mediation. If an agreement is not reached in mediation, then the parties must settle the dispute in court. Make sure to take copies of any forms you’ve filed thus far with you to court.
Related: How to Set Up Child Custody Mediation in California
9. After Court
If your request for modification is approved, the judge will sign a court order. Depending on the court, either the courthouse clerk or staff will prepare the document or the parent who asked for the hearing. If either party had legal assistance, the lawyer would prepare the document.
Forms to prepare the order yourself:
- Findings and Order After Hearing (Form FL-340)
- Child Custody and Visitation (Parenting Time) Order Attachment (Form FL-341).
Important Forms
- Child Custody and Visitation (Parenting Time) Order Attachment (Form FL-341)
- Supervised Visitation Order (Form FL-341(A)
- Child Abduction Prevention Order Attachment (Form FL-341(B))
- Children’s Holiday Schedule Attachment (Form FL-341(C))
- Additional Provisions — Physical Custody Attachment (Form FL-341(D))
- Joint Legal Custody Attachment (Form FL-341(E))
- Child Custody Information Sheet (Form FL-314-INFO). Also available in Spanish, Chinese, Korean, and Vietnamese.
- Child Custody Information Sheet – Recommending Counseling (Form FL-313-INFO). Also available in Spanish, Chinese, Korean, and Vietnamese
FAQs About Modifying Child Custody in California
How often can you modify child custody?
Child custody can be modified every 2 ½ – 3 Years.
What is a substantial change in circumstance for custody?
A “substantial change” typically refers to a permanent change. A substantial change does not reflect a temporary change or something that is controlled by one of the parties. It can vary on different factors, including parents’ involvement, physical and mental health, financial circumstances, parental relationship, living arrangements, and difficulties in the current parenting plan.
Contact Us
If you or a loved one is seeking to modify child custody in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Child Custody Attorneys today!