by Yasaman Sharif || 11 March 2024 ||
This is the fifth in a series of posts relating to Child Custody and Visitation. In our fourth post, we explored what the term “physical custody” means in a court’s order on custody and visitation. Of course, as mentioned in our previous posting, the content of this blog is provided for informational purposes only, and we are not offering any legal opinions. The results, in any case, depend upon the specific facts in that case, so it is important that you consult with a lawyer you trust.
After a court makes a “final” custody and visitation order for a minor child, it becomes much more difficult for a parent to request the court to change that custody and visitation order in place. To be “final”, the court order must clearly state it is final by including words “final,” “permanent,” or “judgment.” Montenegro v. Diaz, 26 Cal. 4th 249, 259 (2001); In re Marriage of Burgess, 13 Cal. 4th 25 (1996).
Standard of “Substantial Change of Circumstances”
Once there is a “final” custody and visitation order in place, the requesting parent must show a “substantial change of circumstances,” which is a much more difficult standard than the “best interest” standard.
If you are the parent who is asking the court to change the “final” custody and visitation order in place, you must show to the court there has been a significant change of circumstances affecting your child in such a way that makes the requested change essential to your child’s welfare. The court will then consider if your alleged new circumstances show a significant change from previous circumstances, which existed at the time the court’s “final” custody decision was made. If you can convince the court that the circumstances relating to the child have significantly changed, it will re-evaluate the “final” custody and visitation orders in place.
Thus, after the court decides that a particular custody plan serves your child’s best interest , the court is not required to reexamine that issue. It will preserve the custody arrangement in place, unless you can show that the circumstances have changed so significantly that a different custody plan would be in your minor child’s best interest.
But as long as the court has not made a prior “final” order regarding child custody or visitation, the best interest of the minor child continues to be the applicable standard. If you are wondering what “best interest” means, you should check our second posting in this series.
More Questions?
In future posts, I’ll provide some more details on these and other areas of child custody and visitation. If you have questions beforehand though, please check out the rest of our blog for more information. The content of this blog is provided for informational purposes only, and we are not offering any legal opinions. If you wish to consult with Sharif | Faust, please contact us to set up a consultation. This blog does not create an attorney-client relationship with Sharif | Faust. To retain Sharif | Faust, you must sign a written attorney-client agreement. Remember, the results in any case depend upon the specific facts in that case. It is important that you consult with a lawyer you trust. By reading this blog, you agree to our Terms of Use.