Going through a child custody battle can be a long and difficult process for you. When you and the other parent of your child cannot agree on a parenting plan, the court will have to decide on one based on several important factors. These factors include:
- Age of your child;
- Health of your child;
- Your and the other parent’s ability to care for the child;
- Emotional relationship between you and the child, and between the other parent and the child;
- Any history of domestic violence or substance abuse for you and the other parent;
- Where your child goes to school; and
- Your child’s involvement in the community.
The court will enter an order for child custody based on what the court believes is in your child’s best interests. However, losing your job can greatly affect your ability to comply with this child custody order.
Changing Child Custody Orders
A legal custody order designates whether you or the other parent has the right and responsibility to make important decisions for your child (Family Code Section 3003-3006). A physical custody order states who the child will live with (Family Code Section 3004-3007). Because each of these is very important to the stability of a child’s life, it can be difficult to change the order. The court will be reluctant to disrupt this stability if the custody order has been in place for a significant amount of time.
If you have lost your job or your income has changed significantly, you may feel that you need to modify the custody order set by the court or agreed upon by you and the other parent. If you show that there has been a “change in circumstances” since the final custody order was made and making modifications to it is in the best interests of the child, you may be able to modify the order.
If you lose your job, it will make it difficult for you to pay your child support obligation. In other cases, if you lose your job it will mean you have more time available to have physical custody of your children. In these situations, you should consider making a motion to modify the child support order as well as the child custody order.
You will want to have an experienced family law attorney fighting for you if you find it necessary to bring a motion to modify a prior child custody or support order. The burden will be on you to prove to the court that things have changed sufficiently to warrant your request.
In some cases when a person loses his job, he must relocate to find new employment. This could result in a need for a child custody modification. If you move a great distance from your children, you will likely not be able to see them as often as you are allowed under the current court order. A change will be needed. If you and the other parent cannot agree on the new change then a court hearing may be necessary.
Call the Family Law Attorneys at Wallin & Klarich Today
If you have experienced a change of circumstances due to the loss of your job and need to change your child custody orders, it is important to retain the services of an experienced family law attorney. With over 30 years of experience successfully helping clients in child custody cases, the attorneys at Wallin & Klarich can help you get the best possible outcome in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich Southern California criminal defense attorney near you no matter where you are located.
Call us today at (888) 749-7428 for a free phone consultation. We will be there when you call.