Modifications to Custody

AdminFamily Law Matters

(0:00 – 1:06)
Hi everyone, welcome to Family Law Matters. I’m Dr. Michael Mantell, always privileged to be joining Bonnie Rabinovitch Mantel, who is the owner and managing partner of the esteemed Primus Family Law Group right here in San Diego. Hi Bonnie.

Hi Michael, how are you doing today? Doing well, doing well. Thank you for asking. How are you doing? I’m doing well Michael, it’s a beautiful cloudy day in San Diego and I am reveling in it.

A little bit of drizzle too, which I love, right? It’s great. So let’s talk about drizzle in divorce. Funny, couple has gone through all the difficulties and the distress and you know all that, they finally come to an agreement and for whatever reason, one party, the husband or wife, mother, father, whatever it may be, decides they want to change something.

It’s called a modification. Correct. Tell us about modification and what that means and how people do that.

(1:06 – 2:39)
Well, you know, today I think we should focus on one because modifications, there are many and you know Michael will probably touch on this again. A modification is when something has changed, circumstances have changed and you need the court to modify custody and visitation orders. So we’ve talked about, you know, when one parent wants to move out of state, that requires a court order, Michael, if the other side doesn’t agree, which means the parents are going to have to go back to court or sometimes, forget about moving away, sometimes your schedule has changed or the children are older and they need a different arrangement and you can’t agree on what that different arrangement should be.

So what have you got to do? File a motion to modify the current custody and visitation arrangement and get new ones. And you know, Michael, a lot of people ask, well, why do you need a court order? And it’s not about just agreeing, sometimes one party will say he’s or she is not complying with the court order and because they’re trying to change it or we only agreed that was temporary or somebody gets angry and says, you won’t give me what I want. So we’re going to go back to the court ordered arrangement, which may no longer be in the children’s best interest.

(2:40 – 3:49)
Mm-hmm. So I imagine that this has a far reaching impact for everyone. They have people who call for this, have to go back to court.

The other side has to defend against it if they don’t want to change it. And then we have children. So is there something that, is there a particular practical guidance that you have for someone who says, I want to change this? How can they be in touch with you to get some information about how to do this? Well, you know, Michael, they can reach us directly at 619-574-8000, or they can reach us online at www.primusfamilylaw.com. There is a form you can fill out.

There’s a live chat agent. And this is funny. Somebody thought our live chat agent was a scam.

It’s not. We actually have a live agent who will help get you to our office so you can get on one of our calendars for a free 30 minute, free, free 30 minute telephone or Zoom consultation. You have every right to see the attorney that might be helping you get through this modification that you need, or you’re trying to oppose.