In California, prior final orders on child custody can only be changed upon showing a substantial change of circumstance. Whether your situation meets this standard will require a consultation.  In "move-away" cases, the move itself will usually constitute the change of circumstance enabling the court to revisit and implement change to the custody and visitation orders.   A change of custody refers to a change in the designation of who the primary parent will be, or the general custodial arrangement, i.e., sole custody to joint custody, or vice versa.  Visitation refers to the designated schedule that a non-custodial parent will have with the child, i.e., every other weekend, every 1st, 3rd and 5th weekend, etc.  The court can change a visitation schedule upon request if the parties agree or if the court determines that a change is in the best interest of the child(ren). 

Support orders, on the other hand, can be raised or lowered if financial circumstances have changed since the prior order was put into effect. For instance, if one parent receives a salary increase, or loses as job (through no fault of their own), then either parent can seek modification of the prior support order.

For an initial consultation, please email us or call (949) 261-7700 or (949) 713-3817.