San Diego Modification Attorneys

Modify Family Court Orders in San Diego County

As the years go by, children undergo a lot of changes: different schools, new interests and engagement in activities that may affect a crafted parenting plan.

Changes in Parenting Circumstances

Parents may also undergo changes like:

• Career moves
• New relationships
• Or relocation

When to Modify Your Family Court Orders

All of these factors may require a modification to your:

• Child custody
• Visitation
• Child support
• Or Spousal support orders

How Our Attorneys Can Assist You

Our post-divorce modification attorneys at Moore, Schulman & Moore, APC, can help guide you through the process of modifying a family court order.

With decades of divorce and family law experience, we have helped hundreds of people revisit their orders and successfully request modifications of the terms.

We always have the best interest of your family in mind and we will skillfully litigate your case in court to assert your rights.

Request an initial consultation by calling (858) 492-7968 or contact us online today. We serve Del Mar and all of San Diego County.

What is Post-Decree Modification?

In California family law, a post-decree modification refers to a legal process that allows one or both parties involved in a divorce or legal separation case to request changes to the terms of the final court order or decree. Life circumstances can change after a divorce or legal separation, and these changes may necessitate modifications to the original court order. The final court order, often referred to as the judgment or decree, outlines various aspects of the divorce or separation, such as child custody, child support, spousal support, and division of property.

To pursue a post-decree modification in California, the party seeking the modification typically needs to file a formal request with the court. Both parties may be required to provide documentation and evidence supporting their case. The court will then review the circumstances and determine whether a modification is warranted. It's essential to note that not all requests for modification are granted, and the court will consider the best interests of the children and other relevant factors in making its decision.

What Is Considered a “Change in Circumstance"?

To seek modification of a Family Court order, a "significant change in circumstances" must be shown. Any life event that affects one or both party's ability to comply with a custody, visitation, or support order may qualify as a "change in circumstance."

Examples of a significant change in circumstance include:

• Loss of a Job or Significant Reduction in Pay: If a parent paying child support or spousal support experiences a job loss or a substantial decrease in income, they may seek a modification to adjust support payments accordingly.
• Changes in the Custodial Parent's Ability to Care for the Child: If the custodial parent experiences a decline in physical or mental health that affects their ability to care for the child, the other parent may seek a modification of custody or visitation arrangements.
• Relocation of the Custodial Parent (Especially Long Distances or Out of State): When the custodial parent plans to move a significant distance away, especially out of state, it can impact existing custody and visitation agreements. The noncustodial parent may request a modification to adjust the parenting plan. Common reasons for relocation include better job opportunities for the parent, better academic opportunities for the child, increased family support, etc.
• Remarriage of the Custodial Parent: The remarriage of the custodial parent may influence the dynamics within the household and, in some cases, may be a factor considered in modification requests, particularly if the new spouse's presence has an impact on the child's well-being.
• Health Issues or Disabilities: If a parent or child experiences a significant health issue or disability after the divorce or separation, it may be grounds for modifying support or custody arrangements to accommodate the changed circumstances.
• Changes in Child's Needs: As children grow and their needs evolve, modifications may be sought to adapt child support, visitation schedules, or other aspects of the court order to better address the child's current requirements.
• Educational Needs of the Child: If the educational needs of the child change, such as a move to a different school or the need for specialized education, it may be a valid reason for seeking modifications in custody or support.