Circumstances change over time, causing former spouses and co-parents to seek changes to child custody and support.
We know how frustrating the time between filing for modification and a judge considering the request can be.
During this in-between period, the original order will remain in place. California’s law allows for modifications without limitations, butthere must have been a material change of circumstances since the last order was made..
How Long Could A Child Custody Modification Take?
Each case is different. Your case may involve complexities that require:
- Extensive documentation
- Extensive witness interviews or depositions
- Professional custody evaluations
- Appointment of an attorney for the child(ren)
Court backlogs can also impact modification times. In most cases, you can expect the modification to take months to be granted. California does allow for emergency custody order requests to expedite the process.
For example, if the other parent plans to leave the state with the child permanently, the opposing parent can request a temporary emergency order. An emergency must pose a risk of irreparable harm to the child or immediate risk that the child will be removed from the State of California.
A request for anemergency (“Ex Parte”) order reduces the time to make a modification. Orders are temporary and can often be extended, but it’s ultimately up to the judge to extend the order.
What Influences The Timeline Of A Child Custody Modification?
Child custody modification is common, but there are influences that can slow the modification down. We recommend that you cooperate with the other parent, when possible, and be ready to provide your attorney or the court with any documentation necessary to support your request.
Factors that impact child custody modifications in California include but are not limited to:
The Court’s Schedule
The court’s availability can have a significant impact on the timeline of your modification request. Once Form FL-300 (“Request for Order”) has been filed, the court will assign a court date. Depending on the court’s current caseload, the assigned date may be several months away.
Most courts require meditation before a judge will hear a modification case, which can further add to the length of the process.
Whether Both Parents are Cooperative
Parental cooperation can either streamline or delay the modification process. When both parents are in agreement about the change, the process may be quicker and simpler. A “Stipulation and Order” can be drafted, signed by both parents, and submitted to the court for approval without a hearing..
However, if parents disagree about the change or cannot come to an agreement, the process may take longer than expected. The court may need to decide on the issue, which can add to the timeline.
Type of Modification Being Sought
The timeline of child custody modifications can also be affected by the type of modification you seek.
A minor adjustment, such as altering the visitation schedule temporarily, may be quick to resolve. These adjustments generally don’t change the foundation of the custody agreement. If both parents are in agreement, the process may be relatively quick and seamless.
However, if one parent is seeking a change to primary custody arrangements or is bringing forth allegations of child endangerment or domestic violence, drug, alcohol, or other substance abuse by a parent, or if they want to move away with the child, modification can take several months or a year.
Child custody modifications can be complicated, especially if you are seeking permanent changes to your agreement. An experienced family law attorney can guide you through the process, help you understand what to expect and advise you every step of the way.
Contact Wine Country Family Law, P.C. today to schedule a consultation and see how we can help with your child custody modification.
