Family Law and Mediation in Newport Beach
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What is a Custody Modification? The Law Offices of Marc E. Mitzner is here to help!

Custody Modifications Attorney Serving Orange County

The Orange County Courts recognize that life and people can and do change. That is when a modification of your custody agreement may be in order. If you need more information as to if you are eligible for a custody modifications petition, attorney Marc E. Mitzner is knowledgeable and concerned about you and your child's ultimate welfare. For that reason, he offers a free initial evaluation of your case.

If you have proceeded through a divorce or legal separation custody agreements and the Courts have recognized them as law, these settlements need not be considered as unalterable.

In this fast paced and ever changing world substantial circumstances may arise. A parent's financial situation may be influenced -either for the worse or better. Perhaps the mental or physical health of the main custodial parent has changed, influencing the wellbeing of the child.

It may not be widely known that a modification of custody or visitation may be made without the approval of the Court. It is acceptable to have a "stipulated modification"- that is, both parties fully agree and proceed in accordance with that agreement, without any Court involvement. However, taking that course may not always be wise, because if one parent later reneges on the agreement, the other parent may not be able to enforce it. Therefore, it is widely advisable to obtain a Court's approval on even "stipulated agreements". Courts will usually approve the new agreements unless they appear to not be in the best interests of the child.

When one parent wants to change the existing custody Court order and the other parent does not, the parent wanting to make the change must file a written request asking the Court who issued it to modify it. Usually this is done only when the petitioning parent can show that there has been a "substantial change in circumstances." The reason for this is that it prevents tying up the Courts with frivolous and repetitive petitions.

If you are facing a custody modifications matter, seek out an experienced Orange County custody modifications lawyer immediately.