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The Nelson Kirkman Legal Team

Do You Need To Adjust Your Child Custody Order?

Your life may have changed significantly since the judge issued your child custody and parenting time (visitation) order. This is common – and it often requires a modification to your existing order.

For assistance modifying a child custody order, you can turn to Nelson Kirkman. Our team of attorneys has more than 50 collective years of experience practicing family law, including post-decree modifications, for Orange County clients. Through alternative dispute resolution or litigation, we concentrate on helping our clients get the custody and visitation orders that suit their children’s best interests.

How Do I Modify A Child Custody And Parenting Time Order?

If you and your child’s other parent agree on the modifications, you can submit a proposal to the court and a judge will likely approve it right away. If you do not agree, though, you will have to petition the court for a hearing at which a judge will issue a decision. If your child’s other parent has petitioned for modifications you do not agree with, you will need an attorney to represent you at the hearing to dispute the necessity of these changes.

What Circumstances Qualify For A Post-Judgment Modification?

The court will not modify a custody order for a minor reason. If your case heads to trial, you will need to demonstrate that your life has undergone substantial changes requiring an adjustment to your court order. Some examples include:

  • Relocation out of state
  • Relocation closer to or farther away from the child’s primary residence
  • Change in work schedule
  • The presence of substance abuse, severe mental illness or domestic abuse

Judges use the standard of the child’s best interests when making a decision. Our family law team is prepared to present your case in court if pretrial negotiations and other methods do not facilitate favorable results.

Set Up A Consultation Today About Post-Decree Modifications

If you are interested in modifying a court order or preventing a modification to a court order, Nelson Kirkman can provide the counsel you need. Schedule an initial consultation with us by calling 949-430-6952. You can also send us an email to reach us online.