In California, a child custody order is not carved in stone until a child turns 18. Life changes, and what worked for a family last year might not serve the child’s best interests today. But California family courts don’t modify custody orders lightly. A parent asking for a change must show a “significant change of circumstances” that proves that the modification is in the child’s best interests. In this month’s blog, we cover the most common grounds California judges consider when modifying child custody orders.

Parental Relocation (“Move-Away” Cases)

Few issues stir up custody battles like a proposed move. California is a sprawling state, and relocation can disrupt visitation and upend a child’s school and social life. However, judges weigh whether the move is made in good faith (for a new job, family support, or education) or in bad faith (to cut off contact with the other parent). They also consider the distance, the effect on the child’s bond with the non-moving parent, and, of course, the child’s best interests.

Related: Learn more about mistakes to avoid in California child support cases here.

Health and Safety Concerns

California family law puts a child’s well-being front and center. If a child’s physical or emotional safety is jeopardized, the court can modify custody immediately—sometimes on an ex parte (emergency) basis.

Under Family Code § 3044, there’s a presumption that custody with a perpetrator of domestic violence is not in the child’s best interests. Also, if a parent develops a drug or alcohol problem that clouds judgment, visitation may be restricted, suspended, or supervised until recovery is proven through testing and treatment.

Parental Alienation

Judges take a dim view when one parent poisons the well by undermining the child’s relationship with the other parent.

Examples: Badmouthing the other parent, blocking communication, fabricating abuse claims, or encouraging disrespect.

Court Response: Alienation is often treated as emotional abuse. If proven, custody may be shifted to the other parent, and the court may order therapy to rebuild trust.

Related: Learn more about tips for co-parenting after a divorce here.

Repeated Violations of the Custody Order

If a parent thumbs their nose at the court by repeatedly violating the custody schedule—missing visits, arriving late, or making unilateral decisions—the judge may step in, and some penalties might be applied.

Pro Tip: Keep a detailed log of every violation with dates, times, and witnesses. This documentation can strengthen a motion for modification or contempt.

Get assistance from Family Law Richard E. Young & Associates

If you’re considering a custody modification, it’s wise to consult our attorneys, who can help you present your strongest case. To schedule your initial consultation with our Lake Forest, CA child custody lawyer, give us a call at (949) 951-9529. Visit our website at richardeyoungattorney.net to learn how we can assist you in pursuing the best outcome for your child.