Custody Modification Attorney

When Can a Custody Order Be Modified in California?

Under California Family Code § 3087, a custody order may be modified when there has been a significant change in circumstances since the original order was entered. The court always applies the "best interests of the child" standard when evaluating modification requests.

Common grounds for custody modification in Sacramento courts include:

• One parent relocating or planning to relocate with the children
• A parent's substance abuse or new domestic violence issues
• Changes in the child's needs, age, or school schedule
• A parent consistently failing to comply with the existing custody order
• A parent becoming unable to care for the children due to illness or other circumstances
• Domestic violence occurring after the original order was entered
• The child's reasonable preference (for children typically 14 and older)

Emergency vs. Standard Custody Modifications

Not every modification requires a lengthy process. If a child is in immediate danger, California courts can issue an emergency custody order (also called an ex parte order) on very short notice — sometimes the same day. These orders are temporary and require a follow-up hearing within a short period.

Standard modification requests proceed through the court's regular schedule, which in Sacramento County typically means a hearing date several weeks to months out, depending on the court's calendar.

The "Change in Circumstances" Requirement

California courts do not allow parents to repeatedly relitigate custody just because they are unhappy with the existing arrangement. To bring a modification request, you must show that something has materially changed since the last order. This protects children from the instability of constant court battles.

What counts as a "change in circumstances" depends on the specific facts of your case. Attorney Sarkovich evaluates each situation carefully and advises clients honestly about whether their facts support a viable modification request — before they spend time and money on a filing that won't succeed.

What the Court Considers

In a custody modification hearing at Sacramento's William R. Ridgeway Family Relations Courthouse, the judge will weigh the same "best interests" factors used in the original custody determination — including the health, safety, and welfare of the child; the nature and amount of contact with each parent; any history of domestic violence; and the child's ties to school, community, and siblings.