Divorced parents typically want to modify their custody orders when major changes happen in their lives that might potentially influence their ability to take care of their child. For example, parents will propose changes to custody orders if they have to move out of state, lose their jobs or suffer a debilitating injury.
However, going to trial can be a tedious, stressful and time-consuming procedure. This is especially true if both spouses have already come to a mutual agreement on the changes they want.
Are trials needed to change custody orders?
Divorced parents do not need to go to trial if they reach an agreement regarding changes to their custody orders. If both spouses consent and file a request together, California judges can review the proposed changes. Potential modifications to a custody order are only legally binding with a judge’s signature, and judges are more likely to sign your agreement if it has your child’s best interests in mind.
What if you do not have the consent of the other spouse?
In California, it is important to have the consent of both spouses if you want to have custody orders changed in a smooth and timely manner. However, if one spouse does not consent to the changes the other proposes, California courts may refer them to mediation, where they can settle their differences and reach a compromise.
If mediation fails, then the spouses will likely need to go to trial to present their cases. Depending on the evidence in court, which typically includes proof that there have been material or substantial changes in each spouse’s circumstances, the judge will make a decision depending on which side benefits the child the most.
