How to Modify an Existing Child Custody or Visitation Order in Carpinteria, California

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After a judge makes a custody and visitation
order in Carpinteria, California 1 or both
parents may want to change the order. There are
many good reasons why a parenting plan may need
to be changed. As the children get older, for
example, their needs, interests, and activities
change. And as each of the parents moves on with
his or her separate life, new partners, new jobs,
or new homes can all mean that the parenting plan
needs to be changed.  If the parents agree on
the changes, they can change their court order by
using an agreement.  But if the parents cannot
agree on the changes, 1 of the parents must file
papers with the court asking for a change (a
modification) of your current child custody and
visitation order. If you want to change your
order, you and the other parent will probably
have to meet with a mediator to talk about why
you want the order to change before you go to the
court hearing.
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• You have to show that there has been a change in
  circumstances since the final custody order was
  made. This means that there has been a
  significant change that requires a new custody
  and visitation arrangement for the best interest
  of the children. 
• To ask for a court hearing to change your
  existing custody and visitation order
• Fill out your court forms in California!!!
  Request for Order (Form FL-300). You can use
  the Information Sheet for Request for Order (Form
  FL-300-INFO) for information. You can also fill
  out the Child Custody and Visitation (Parenting
  Time) Application Attachment(Form FL-311)
• Have your forms reviewed To make sure that they
  are filled out correctly 
• Make at least 2 copies of all your forms One copy
  will be for you another copy will be for your
  childs other parent. The original is for the
  court.
• File your forms with the court clerk The clerk
  will keep the original for the court and return
  the 2 copies to you, stamped Filed. You will
  have to pay a filing fee. If you cannot afford
  the fee, you can ask for a fee waiver

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• Get your court date or mediation date The clerk
  will probably give you a court date. You may have
  to meet with the mediator before the court date
  or go to a mediation orientation. Ask the clerk
  if you are not sure.
• Serve your papers on the other parent Have
  someone (NOT you) serve the other parent with a
  copy of your papers and a blank Responsive
  Declaration to Request for Order (Form FL-320)
  before your court date. Look at the front of Form
  FL-300 to see if the court ordered you to serve
  any other documents. 
• File your Proof of Service Have your server fill
  out a Proof of Personal Service (Form
  FL-33 If the papers were served by mail, have
  your server fill out a Proof of Service by
  Mail (Form FL-335) instead.
• Go to your mediation and court hearing
• Go to mediation before your court date if the
  rules in your local court require it. If you do
  not reach an agreement in mediation, go to your
  court hearing, and take a copy of all your papers
  and your Proof of Service.
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