How Can I Modify a Child Custody Order in California?

If you went through a divorce in the past and shared minor children with your spouse, or if you ended a relationship with a partner with whom you share one or more minor children, then you may have a child custody agreement in place. That agreement likely addresses legal custody and physical custody, which include details about how you and your ex or the child’s other parent share decision-making responsibilities for the child, as well as physical time with the child. Many parents share both legal and physical custody to some degree, though child custody orders are always created on a case-by-case basis and are determined by what is in the best interests of the child.

There are many different reasons that one parent may want to modify the existing child custody order, whether that involves a change in how legal custody is shared or a change in how physical custody (or parenting time) is shared. What should you know, and what should you consider if you are in this situation? Our Santa Clara County and San Mateo County family law attorneys can explain in more detail.

Reasons to Seek a Child Custody Modification

What are some of the reasons that parents may seek child custody modifications? Reasons can range from serious concerns about safety or the abilities of one of the parents to continue fulfilling their parental responsibilities to an offer of a new job for one of the parents that would require a relocation. Examples of reasons to request a modification to an existing child custody order can include but are not limited to:

• Domestic violence, whether against the requesting parent, the child, or another person;
• Substance abuse issues affecting one of the parents;
• Changes in the child’s needs;
• Parent relocation; or
• Shift in financial circumstances.

How to Modify Child Custody in California

In order to modify an existing child custody order for any reason, you must file a Form FL-300 Request for Order to modify the existing order with the court. The parent who is seeking the modification must petition the court and set forth the requested orders and basis for those requests, and then the court will schedule a child custody hearing. Absent an emergency in which a court may issue Temporary Emergency Orders before a hearing, California requires parents to go through mediation in child custody cases. Even if you went through a mediation procedure in the past when your original child custody order was put in place, you should anticipate attending mediation again. You and the other parent may be able to reach an agreement about modification that the court can confirm. Otherwise, you will attend a court hearing, and the court will determine whether the orders should be modified.

Whether your existing order is a temporary pre-judgment order or a final custody determination may affect the burden of proof the court applies in reviewing your request. It is important to understand the burden of proof if you are seeking a modification.

Contact a Family Law Attorney Today for Assistance with Your Child Custody Modification in Santa Clara County or San Mateo County 

If you need to modify your existing child custody order, one of the experienced Santa Clara County and San Mateo County divorce and child custody lawyers at Foster Hsu, LLP can assist you. Contact our firm today to have your questions answered and to begin working on your child custody modification.

Source:

courts.ca.gov/system/files?file=2025-07/fl300.pdf&area=Divorce