Fathers, you might be the better parent for your kids than their mother. But that doesn’t mean you’ll always be able to see them. In fact, it’s possible that a “change of circumstance”—like your new job or your getting married—could change custody of your children. It may be the case that you need to go to court and ask for less time with your kids than they have now. In short, Fathers, you have a chance to modify your kids’ custody using Change of Circumstances!
But don’t worry: court isn’t always fair. Judges make mistakes all the time, and when they do, things can get messy.
If you’re worried about losing custody of your children, we recommend talking to a lawyer first before going to court.
Changing Custody Orders using Change of Circumstance
At times, life just isn’t fair.
If you’re a child, that means that the people who are supposed to be the best for you most of the time aren’t. It can feel like no matter what you do, bad things happen to you.
But there is hope. There are ways to make sure that bad things don’t happen anymore. And one of those ways is to change custody arrangements when they do happen—whether it’s because your parents got divorced or because your mother was arrested for domestic violence against you (and your father decided he wanted full custody).
Changing custody can be tough because it’s often done behind closed doors and without much notice, but it’s worth fighting for if there’s any chance at all that you’ll have a better life than what you had before. The court system may not always be fair in this regard, but there are ways around it—and if they aren’t enough for you, then maybe they aren’t enough for everyone else either!
What Is a “Change in Circumstances” in a Custody Case?
When a divorce happens, there will be a change of circumstance that might cause a change in custody. A father can modify custody through court. Dad might be the better parent for his kids than the Mom. Court might not be fair to fathers.
There are some things you need to know about modifying custody in California and how it affects your ability to have joint custody or sole custody after your divorce is final.
What Is Joint Custody?
The California Family Code defines joint custody as “the legal right of each parent to make decisions concerning the care and upbringing of their children.” This means that both parents have an equal say in how their children should be raised, including decisions about where they live, who they spend time with, what activities they participate in (including sports), and any other issues related to their daily lives as a family unit.
How Can You Modify Joint Custody?
There are three ways you can modify joint custody: through court proceedings; through a written agreement between you and your ex-spouse; or by mutual consent from both of you which includes an agreement as well as evidence demonstrating that both parents have made efforts toward fulfilling their responsibilities under the law (such as paying child support).
Modifying Custody Orders
Many people are surprised to learn that courts may award custody of children to fathers. However, this is not always the case. A father can modify custody through court if he can show that he is a better parent for his children than the mother.
In many cases, judges will award sole custody of children to mothers due to the fact that mothers have historically been the primary caretakers of children. However, there are some situations in which judges may decide that fathers should be awarded custody based on factors such as:
-The physical and emotional health of each parent
-The ability of each parent to provide a stable home environment for their children
-The willingness or unwillingness of each parent to engage in therapy and/or counseling with a therapist or counselor
If you are considering modifying your custody agreement with your ex-spouse, it is important that you speak with an experienced family law attorney regarding your options and what they may entail.