Modifying a Court Order in San Jose

Child custody, child support, and spousal support orders can be modified. There are many good reasons why a child custody order may need to be changed. Children get older, or the changes in parents’ lives make the existing parenting plan no longer practical. If the parents agree on a new parenting plan, they can change the court order by using an agreement. However, if parents cannot agree on a new parenting plan, one parent can ask the court to modify an existing child custody and visitation order. The court will probably order mediation to discuss the reasons for asking to modify the existing parenting plan and to see if the parents can agree without going to court. If an agreement is not possible, the court will schedule a hearing to decide if the modification of the existing child custody and visitation order is needed. To modify a child custody and visitation order, the requesting parent has to show that there was a change of circumstances since the order was made. The judge will make custody and visitation orders consistent with the best interests of the children.