Law Offices of Indu Srivastav, APLC
Experienced Family Law Attorney Serving Southern California
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If your custody schedule needs to change, you have options

Your kids are getting older, and you've found that they are having a harder time with the custody plan you have in place. Today, they went to school, for example, and the custody plan said that they'd come home and you'd be able to take care of them. Then, your tween called and said they wanted to go to their other parent's house and that their friend was having a sleep over nearby.

You want to be flexible with your custody plan, but when there are always changes like this (and they are happening more and more often), you feel like something needs to be altered. One option you and your ex-spouse discussed is changing who has custody through the school year, since your children have more friends near the other parent's home. That would also give you an opportunity to work more. Your ex-spouse is onboard with the idea, too, because your children are old enough to go to school on their own in the morning, so they can simply go to work a few hours earlier and be home for them. Even if your children missed the bus, the neighbor next door is a school teacher and said that they'd make sure they got there.

If you have both agreed to a new schedule and are sure that this would be a positive change for your children, then you may want to ask for a modification in court. Confirming a new custody schedule is important, because it gives you something you can refer back to and plan with. With a regular schedule, you're less likely to have scheduling conflicts, which helps everyone.

How can you seek a modification of custody in court?

If you and your ex-spouse agree on the changes, you can ask your attorney to draw up an agreement, which changes the court order and can receive a judge's signature without necessarily needing to go through a hearing. If you still have parts of the modification you can't agree on, then you should seek a modification request in court. This may require a hearing or mediation date, and the court clerk will let your attorney know when that is. You'll need to show the change in your circumstances that has led to your request if you want a judge to review it and make a decision.

Changes are bound to happen as your children grow. Seeking a modification or making a new agreement isn't unusual.

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Law Offices of Indu Srivastav, APLC
1400 N. Harbor Blvd., Suite 601
Fullerton, CA 92835

Phone: 714-515-5008
Fax: 714-515-8338
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