There are many types of decisions, decrees, and directives that can be changed in family law. Decrees and judgments entered into in cases of divorce, legal separation, nullity and paternity may often be changed in the future after the judgment has been entered.
Child custody and child support are among the forms of orders that can always be changed.
The forms of decisions and orders that may be revised include spousal support and some provisions where the court expressly “reserved power” to make further rulings or change them. The divorce judgment of the parties or any other order will usually specify whether the terms of that provision allow for modification.
The types of judgments that cannot be altered include final determinations or divisional property agreements.
How Does a Family Law Attorney Govern Whether An Order Can Be Modified?
There are only such forms of directives that can be amended under the law. Those include arrangements for child custody, decisions on visitation, child support, and typically spousal support or alimony. Unless divorce or legal separation states otherwise, judgments concerning the division of community property are unchangeable.
The terms of the decree or order may specify that it may be editable. For instance, some parties agree to “non-modifiable” alimony orders which cannot be modified in the future, even if there is a change in circumstances.
Where can you Modify Custody Orders or Decrees from Outside California?
Home State vs Resumed Jurisdiction: Firstly, you will decide the home state of the child, which is where the child lived at the time the custody proceedings were started or where the child lived most of the time for the previous six months
The court must then determine who should have sole, continuing authority over the custody case. The decision of which court will continue to have jurisdiction is dependent on whether the child, or any parent, still live in the original home state, or whether the child has any significant connection to the original home state.
Because California tends to be the state with on-going jurisdiction, you are likely to want to ask the courts concerned to move the case to California for custody.
Child custody at Interstate
Issues concerning matters related to international custody can be complex. However, the ultimate outcome of modifying a custody order originally decided outside of California is some common-sense principles.
Some of the widely used “Circumstance Changes” include:
Child custody – When a child has moved to a new school as they are older than a year (maybe closer to the non-custodial parent)
When a parent would like to move away from Riverside County
Child support – When either party makes more or less money than at the time when the order was issued
Where a parent has an order for employment contacts that they are supposed to abide by and they are not, the court may impute revenue.
Spousal support – When the supported party’s needs grew.
If revenue for a service obligor has reduced
In all civil cases, including all cases of family law (excluding matters of contempt), the standard of proof is the preponderance of the evidence. This means that if the court should order a certain way, if it is “more likely than not,” then it can.
Transfer a Custody Case to California
You may need to take legal action in both states to move a custody dispute from the court which had initial jurisdiction (the original home state) to California. Having determined that the original home state is inconvenient since you and your child have lived in California for quite some time, you must first terminate jurisdiction in the original home state.
You then file a lawsuit in California, after receiving an order dismissing jurisdiction in the original court, arguing that the case will have jurisdiction to move forward. That can be done in several ways to secure an order suspending jurisdiction in the original court. The legal justification for amending an order is generally a change of circumstance. There are varying degrees of situation change needed to cause the court to amend.
At Whitmarsh Family Law, PC law firm, our Los Angeles family law attorneys value each of our clients ‘ personal needs because our law firm recognizes that there are no two divorces the same. Family matters are private and unique, and our child custody lawyers focus on every particular detail of the cases of our clients so that we can pursue the best outcome together for their circumstances and needs. www.whitmarshfamilylaw.com