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Los Gatos child custody modification attorneyDuring a divorce, or after the birth of a child to an unmarried mother, decisions must be made about how child custody and visitation will be handled. After these matters are settled, and a plan is put in place, it may remain in effect until the child reaches adulthood. However, there are some circumstances in which a child custody agreement could and/or should be modified. A custody modification, however, is not something to be taken lightly. Typically, the parents must either be in agreement about the change, or there must have been a “change in circumstances.”

What Is a Change in Circumstances?

If you feel your child custody or visitation agreement should be changed, and the child’s other parent disagrees, then you will have to petition for a modification through the legal system. You may end up having to meet with a mediator or go before a judge to plead your case. You will not get anywhere in your quest, however, unless you can show that there has been a significant “change in circumstances” since the original parenting plan was put in place.

This means that there must have been some major change or big event in the child’s or the parent’s life that makes the previous custody arrangement no longer viable. The reason has to be significant, and the focus will be on the best interests of the child. A parent typically will not be able to have a child custody agreement changed without proving that this change to the child’s regular routine will be beneficial to the child.

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Law Offices of Benita Ventresca

20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

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