It is not uncommon for parents to have to return to court post divorce to have existing court orders modified due to a change of circumstances. For example, California family law courts routinely hear cases requesting a modification of child custody and spousal support, in addition to a move away order. If you are looking to have a permanent family law order modified, contact us for information about how we can help you file the required California family law Request for Order.
Types of Relief When Filing A California Family Law Request for Order
California Move Away Order
If a parent wants to move away with their child, they would need to get the consent of the other parent, or he/she can seek a move away order from the court. A move away order is requested when a parent wants to move to another city, county, state or country with their child. Even a parent who has a permanent order for sole custody and wants to move away with their child should file for court approval if they are moving from the State of California. If the non-custodial parent objects to the move, he/she can file documents that may prevent the parent with sole custody from leaving with the child. The non-custodial parent will have to show that the move will harm the child in order for a move away request to be denied.
In situations when parents have joint custody, and one parent does not want the other parent to move away with the child, the parent seeking to move will need to request a move away order. The parent will have to show that the move is in the child’s best interest.
Issues regarding move away orders usually arise when a parent wants to move out-of-state due to a new job opportunity, or if he/she is getting remarried. If you are filing a move away order request and want to represent yourself and avoid expensive attorney’s fees, contact us for help preparing your legal documents. Our experienced staff can help ensure all your documentation is accurate prior to filing your request for a move away order.
For more detailed information regarding how to obtain a California move away order, read more here.
Modification of California Spousal Support Order
In certain situations, a spousal support order may need to be modified. There are certain legal requirements that must be met to have a spousal support order modified:
- The supported spouse may no longer need support.
- The supporting spouse has had a drastic change in income.
- The supported spouse is not making a good faith effort towards being self-supporting.
- The supported spouse remarries hence terminating the need for support.
If you are looking to have your spousal support order modified, contact us for help in drafting the correct legal documentation and schedule the required hearing.
For more detailed information about how to modify or terminate a California spousal support order, read more here.
Modification of Child Custody & Support in California
Child custody and support modifications tend to go hand-in-hand. Usually, a parent is able to modify a child custody order in California if there is a “change in circumstances” that warrants a modification to the existing custody or support order. For example, if the primary custodial parent needs to move to another state, a change in employment circumstances may warrant a modification. A modification of the current child custody order could be filed in conjunction with a request to move from the State of California. The court will assess the situation and will make a decision that is in the best interest of the child.
When a child custody order changes, the accompanying child support order is usually modified as well. If a parent has paid less in child support due to being the primary custodial parent, he/she may pay more child support if a modification occurs and he/she will spend less time with the child.
For more information about how to modify a California child custody, visitation or support order, read more here.
If you would like to personally speak with us about how to modify an existing permanent family court order, contact us to schedule an appointment or to discuss your particular situation. We also offer a convenient online interview for many of our services.