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If your situation changes, a modification of custody could help

After you get a divorce judgment, you might think that's the last you'll have to deal with any of those old issues. However, if you find out that your custody arrangements aren't going to work, that your ex-spouse had a change in circumstances or that you've had a significant change in circumstances, it may be time to ask for a modification.

When you can't meet the terms of your agreement, it's important to seek a modification instead of making your own arrangements.

When might you need to go to court to make a post-judgment modification?

Some common reasons to seek a modification include:

  • You are planning a long-distance move
  • You have a change in your ability to care for your child
  • Your child needs a different schedule due to age, their health condition or other factors
  • You have a change in your work schedule

You should know that the courts see requests for modifications quite often, so it's not unusual to request one.

Why can't you change your schedule without seeking a modification?

You can, but it's not a good idea. When you change a schedule without legal approval, you are leaving it open to each person's interpretation and may not have a schedule that is set in stone. If you have a schedule that is approved by the court and the other parent doesn't stick to it, the court can help you enforce it.

If you're concerned about your child's schedule, your attorney can talk to you about seeing a post-judgment modification. While you don't want to seek modifications too often, now may be a good time to get one if your situation has changed.

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The Law Offices of Oliver R. Gutierrez
600 Allerton St., Suite 200
Redwood City, CA 94063

Phone: 650-399-0962
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