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When Should I File a Custody Modification?

woman and her lawyer

As your children grow up, you may notice that their current child custody order no longer addresses their needs or is in their best interests. If this happens, you might wish to pursue a custody modification with a trusted modifications attorney by your side. In this blog, our San Diego modifications attorneys at Embry Family Law P.C. share when parents should consider filing for a custody modification.

A Substantial Change in Circumstances

Most custody modifications are filed because there has been a substantial change or change in circumstances since the original custody order was put into place. For example, if one parent gets a new job that requires them to travel more often, this could be grounds for modifying custody and the child’s time-sharing schedule. If the child's needs have changed, such as they now have after-school activities that they didn't have before, this could also be a reason to file for custody modification.

A Change in the Child's Best Interests

Of course, any custody modification must be made in the child's best interests. When making a custody determination, courts will consider various factors, such as:

  • The child's age
  • The child's physical and mental health
  • The child's relationship with each parent
  • Each parent's ability to provide for the child's needs
  • Any history of domestic violence or abuse
  • The child's educational needs
  • The child's religious upbringing

However, if any of these circumstances change, such as the child having a new medical condition that requires extensive care or treatment, a custody modification may need to be made to reflect the child’s new situation.

We Do Family Law Differently

At Embry Family Law P.C., our family law attorneys understand how important it can be to obtain the best possible outcome for your family law case. Our child custody modifications attorneys are here to help you find a solution that benefits your family and is in your child’s best interests.

Do you think your child’s circumstances have changed? Schedule a case evaluation with one of our modification attorneys today by calling (619) 485-6476.