California Family Court Orders Aren’t Written in Stone

A Family Court judge may change an order under the right circumstances. Time and thought are put into court orders, but judges understand families change over time, and restricting them to an outdated order will do more harm than good. The Law Offices of Taylor B. Warner, APLC, represents parties who want court orders changed and clients who want them to remain the same. We’ll discuss how and why court orders can be amended.

The family court order modifications Law Office of Taylor B. Warner, APLC, will protect your rights whether you want an order changed or not. Let us put our knowledge and experience to work for you. Call us today at (909) 466-5575 or complete our contact form so we can schedule an initial consultation so you can get the advice you need.

Can Family Court Orders Be Changed?

The only thing that’s permanent is change. Parents divorce, and one may want to move away. Children get older, and their needs change. A parent may start abusing substances or may stop using them after a long recovery. Court orders can change as the situation demands. But not every family change merits a return to court.

A court order could result from negotiations between the parties or litigating a disputed issue. The original order’s intent is to remain in place, but our legal system allows for modifications when necessary. Health, career, financial, and emotional circumstances can change over time, potentially affecting court orders.

State law allows for changes in child custody and visitation orders before they reach 18 years old. Like the original order, the court may modify it based on the following:

• The parties could negotiate the new language, and the court would enter an order after the judge reviews and agrees with the changes
• A party can file a request for a modification, and the judge would grant or deny it after a hearing where both sides present evidence and make arguments

Orders that may change include the following:

• Spousal support
• Child custody
• Child visitation
• Child support

Like most other family law disputes, order modifications are generally resolved through negotiations.

What Must Be Established to Modify a Family Court Order?

The party seeking the change has the burden of proving:

• The modification is necessary and proper
• Since the order was finalized, circumstances have changed significantly
• They justify modifying the order

The changed circumstances may have been foreseeable or happened out of the blue. If the order involves the parent’s child, the party seeking the changes must show they’re in the child’s best interests. Family court judges have much discretion when ruling in these matters. Given the same evidence, one judge may grant the modification request while another may not.

Changed circumstances must be tangible and not a vague feeling that something has changed and a party is uncomfortable with the original order. The more objective facts, the better. Testimony on the impact of changes may be critical. Changed circumstances may involve:

• A parent seeks to move away for a better job and wants to change child custody arrangements
• Parents may have belonged to one religion, but afterward, one parent wants their child raised in a different one
• A former spouse may earn much more or less than when spousal support was decided, and the party negatively affected wants a change
• A parent may be diagnosed with a severe physical or psychological condition, impacting their ability to care for and supervise their child

Judges must balance conflicting issues when deciding what to do, including the following:

• Respect for the original order
• Recognizing that significant changes can occur in families’ lives
• Discouraging and rejecting attempts to use this process to try to create a new order more to the party’s liking when no significant change took place

A modification of family court orders lawyer can put together the evidence and legal arguments to effectively represent your interests.

Should I Retain Taylor B. Warner for a Modification of Court Order Issue?

Whether you want an order changed or prefer it remain the same, it makes sense to retain a modification of family court orders attorney to represent your interests and improve your chances of success. The stakes may be very high, and you’ll be required to comply with a modified order (which may be contrary to your interests or that of your child). You should at least be advised of your rights and understand the process.

Contact a Modification of Family Court Orders Lawyer

Lives change, especially children’s, and court orders can be modified to reflect those changes. But, unless the parties can agree on modifying the order, the party seeking the change will have to show it’s necessary and, if children are involved, in their best interests.

If you want to change a family court order or disagree with a change proposed by the other parent or your ex-spouse, call modification of court orders Law Office of Taylor B. Warner, APLC. Get immediate legal help, and don’t try to handle this matter yourself. Contact us online or call us today at 909-466-5575 to speak to a modification of family court orders attorney.

Taylor Warner

Taylor has always been an advocate. Growing up the middle child with an older and a younger brother, Taylor developed a strong voice and personality and has always felt strongly about helping others. Becoming a lawyer seemed to fit Taylor’s personality and character – she is a strong leader and a bold advocate. Learn more here.