Can I contest a child custody order?

Yes, it is possible to contest a child custody order in California. The process to contest a child custody order is called a “Motion to Modify.” This process is available to parents when they believe that a change in the current court order is needed. For instance, if a parent believes that their child’s best interests are not being met, they can file a motion to modify the current order. When filing a Motion to Modify, the parent must supply relevant evidence showing why the court should deviate from the current order. Generally, the parent must demonstrate that there has been a “material change in circumstances” since the original court order was issued. These changes may include a difference in the child’s living arrangements, lifestyle, or other relevant factors like the financial or emotional wellbeing of the child or parent. To file the Motion to Modify, the parent must pay the applicable filing fees and complete the appropriate court forms. The court will then review the merits of the parent’s argument and the evidence provided in the motion. If the court agrees that a modification is necessary, the court can change the current custody order. However, if the court denies the motion, the custody order remains in effect.

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Can I contest a child custody order?

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