San Diego Child Custody Lawyers
Helping Fight for Custody Modifications

One of the most difficult issues that's resolved during any California divorce case is that which involves child custody if there were children of the marriage. This decision can lead to emotional devastation for the parent who is not awarded primary custody, and unfortunately many parents who are not awarded custody think that there is nothing that can be done and that this decision is permanent.

Simply put, this is not an accurate belief. Parents who are concerned about their children and who want to fight for their rights and for the interests of those children should seek the immediate help of experienced San Diego child custody lawyers. Below is a brief introduction to this issue.

The Standards for California Child Custody Modification

As is the case with just about every issue that can arise in California family law, the court will use legal standards to make decisions regarding the modification of child custody. One standard that's used is the same as what was used to make the original custody decision – the best interests of the child. In addition, if a parent makes a motion to modify a child custody order, the moving parent must show the court that a substantial change in circumstances has occurred.

What Constitutes a Substantial Change in Circumstances?

There are many different examples that could lead a court to find that a substantial change in circumstances has occurred. Perhaps the most common basis for such a motion is that the custodial parent is not serving the child's best interests. Specifically, this can mean that the custodial parent is not acting in a responsible manner, is not making sure that the child's educational, nutritional, medical or social needs and development are being met and that the child needs to live with the other parent to reverse this trend.

In addition, a substantial change in circumstances can involve the custodial parent wanting to move away from the non-custodial parent, a change in the work schedule or occupation of one of the parents, a change in the child's preference or some other life change that could alter the original child custody decision that was made.

How San Diego Child Custody Lawyers Can Help

While it is possible to modify a California child custody order, it is not an easy process to complete successfully. The moving parent needs to present a compelling case and compelling arguments that feature the best interests of the child, and that moving parent should expect a strenuous fight from the custodial parent.

Therefore, rather than taking matters into your own hands, you need to seek the help of experienced San Diego child custody lawyers if you want to move towards obtaining custody of your child or children. Contact the Law Offices of James D. Scott today to schedule an initial consultation.