Sometimes circumstances change after a divorce is final, and one or both parents may want to make change a custody or parent time order. If both parents agree to the change, then the process is to file a stipulation. If the parents do not agree, then the parent who wants the change must file a request for order. The court will also set a mediation date prior to the court date to give the parents an opportunity to come to an agreement. This article will summarize the information published by the California self-help website.
Step 1: Fill out a Request for Order form
- The first step is to fill out a Request for Order form, which can be found here:
- This is where you tell the judge what the request is and why it is in the best interest of your child/children.
- If you are asking to change an existing order, make sure you use the original number.
- Attach forms, such as the Child Custody and Visitation Application Attachment to explain what you are asking for. \
Make copies.
- Make 2 copies of your forms.
Attach documents to support your case.
- Attach any documents that support your case, which could be anything from your work schedule, to school grades, to a list of extracurricular activities your child does, etc.
- Black out any information that is private and sensitive, such a social security numbers, birthdates, or other private information.
- You may want to include a witness statement. Go here for more information about witness statements:
File your forms and serve the other party.
- File the original and two copies and pay the fee (or get a fee waiver.)
- The clerk will stamp the forms, write a hearing date, keep the original and give the copies back to you.
- The next step is to serve the document on the other party.
Contact an Experienced Divorce Attorney
If you need help making a modification, contact the Law Office of David Knecht. We have extensive experience with family law, so we can help you assess whether your modification is likely to succeed, and help you prepare the evidence to be successful in the getting the change that you want. Contact us today at 707-451-4502.
