This is the first post in a series which will discuss changing child custody in Orange County, California. We felt it necessary to write on this topic as many parents know that they are unhappy with their current custodial situation but they are unsure as to how to go about obtaining a modification. The goal of our coming posts is to provide information which will help people better understand their options, what it is they should expect from the process, and to help them in making an informed decision when choosing a child custody attorney. If you feel you need to alter your current arrangement then contact our office today to speak with a family law lawyer.
We will be addressing several topics over our coming articles. Issues which we will analyze include:
- The requirements for changing child custody
- Filing a Motion with the Court
- Conducting discovery in such matters
- Attending trial in a change of custody case
- How parties should conduct themselves after trial has been completed
There are several reasons why Orange County residents should understand these topics. First, many parents make the mistake of thinking that they can change child custody simply because they “want to.” The fact of the matter, however, is that one can only change their time share if circumstances are substantially different since the last Court Order was entered. If circumstances have not changed then the Court will not entertain your request. Second, changing custody is a lengthy process which requires filing a formal request (known as a “Motion”) and it requires that evidence be accumulated through a process called discovery. Finally, knowing what to expect at trial will help the process to go smoothly and knowing how to conduct one’s self, after trial, helps to ensure that the parents do not wind up right back in Court.
One point that cannot be stressed enough is that you should contact a lawyer immediately if you wish to change custody. The longer you allow the current situation to go on then the more likely the Court will be to leave the current situation in place. By going to Court sooner, rather than later, you express to the Judge the extent to which you consider the situation to be serious.
Contact our Laguna Hills office today to schedule an initial consultation. We also service Aliso Viejo, Anaheim, Buena Park, Costa Mesa, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Ladera Ranch, Laguna Beach, Laguna Niguel, Lake Forest, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Tustin, Westminster, and Yorba Linda.