What are the procedures for a change in custody or visitation?

In California, making changes to custody or visitation can be done either by agreement between parents or through a court order. If both parents are in agreement, they can draw up a Parenting Plan or Custody and Visitation Order which outlines the desired changes. This plan must be signed by both parents, an attorney, or a court-approved mediator, and then filed with the court. If the parents cannot agree on the changes, either parent may file a Request for Order with the court. This document must be completed and filed with the court, and a copy must be served on the other parent. The court will then schedule a court hearing to discuss the requested changes. At the hearing both parents will be allowed to present evidence and testimony in support of their position. The court will consider all of the evidence presented and make a ruling. Once the court issues a new court order, both parents must abide by its terms. If either parent fails to do so, they can be held in contempt of court and could face penalties, such as paying fines or spending time in jail. It is important that both parents follow the court order, which can be enforced by the court if necessary.

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