How to Modify Child Custody - Modifications in California

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By risandoval
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This article will provide you with the essentials needed to file a request for a modification of child custody with the courts in California. This article is not intended to substitute for legal advice and is for educational purposes only.

Difficulty: Moderate

Instructions

Things You'll Need:

Judicial Council Forms
Consultation with an Attorney

Step 1

First and foremost, you should obtain advice from a licensed California lawyer. I have provided a link to my favorite California Lawyer at the bottom of this article in the resource section.
Step 2

The simplest way to request a modification of custody is to use California provided judicial council forms. Judicial Council Forms are the forms that the California court system has created to help lay people and lawyers handle typical legal situations. I will provide a link to the judicial council form website in the resource section below. You will need to fill out at least two forms: [1] Order to Show Cause (Form FL-300) and [2] Application for Order and Supporting Declaration (Form FL-310). Start with these forms and add attachments as necessary.
Step 3

Once you have completed all the necessary forms, you will need to file them at the courthouse where the original custody orders were made. Make sure to take the original documents and at least two copies. The court will keep the original and will stamp your copies. Some courts will require that you fill out County specific forms before you can file your documents. Depending on the court, you may also be required to obtain a mediation date before you can file your documents. Mediation dates can usually be obtained in another department at the same courthouse.
Step 4

After filing the documents, you will need to have a copy served on the other party or his/her attorney. Once all parties have been served, a proof of service should be filed with the court.

Much of the information in this article was provided by a great family law attorney in California named, Stephen Dial. If you need to consult with a lawyer, give him a call. His website is www.anaheim-lawyers.com . I am also providing a link to his website in the resource section of this article.

Comments

jull14 said

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on 7/9/2009 Excellent article. To me it is very important to read articles at ehow specially yours, because I learned each day a new idea to make my life easier, thanks for writing this wonderful article. Keep up the good work.