All the issues that come up with sharing custody of your child with your child’s other parent can cause stress, pain, and confusion. For many people, trying to understand and deal with the court procedures and requirements only adds to the mess. Here is a simple plan of action required if you are looking for child custody modification.

First, you will have to file an Order to Show Cause (OSC) in court. The OSC needs to tell the judge what the current existing order is. It also needs to tell the judge what change you would like to make to the existing order. You need to describe the custody plan that you would like to have ordered by the court. You need to attach (staple) to the OSC a declaration explaining to the judge why you think the changes or modification need to be made and in what way would they benefit your child. When you go to court to file your paperwork, you will also need to bring a check made out to the court clerk in the amount of the filing fee. You will also need to bring your calendar with you to the courthouse, so that you will know which days you will be available for mediation and for the court appearance.

Second, if you are seeking a modification of child support or that the other parent pay for your court filing fees or attorney fees, you need to file a current Income and Expense Declaration. You need to attach (staple) two months worth of pay stubs to the Income and Expense Declaration. Make sure to black out your Social Security Number from your pay stubs before you attach them to your Income and Expense Declaration.

Third, you need to serve all paperwork you filed on the other parent. You also need to give him or her blank copies of the forms needed to respond to your OSC.

Fourth, when you receive the other parent’s response and responsive declaration, you may consider filing a supplemental declaration yourself with your own reply to what was written in the responsive declaration. You will want to file your supplemental declaration at least five days before your mediation date.

Fifth, you will need to attend the scheduled mediation. California law requires that the parents attend a mediation session any time one parent has filed an OSC seeking a modification of child custody. At the mediation, you will attempt to come to an agreement with the other parent on the child custody arrangement. If you are unable to reach an agreement, the mediator will make a recommendation to the court as to what the mediator thinks would be the best child custody arrangement.

Sixth, when you receive the mediator’s recommendation in the mail, you will want to review it carefully. If there is anything in there that you would like to respond to, you may file a second supplemental declaration before your court date, so that the judge can hear what your thoughts are on the recommendation.

Seventh, you will attend the court hearing. At the hearing, you will have the opportunity to express any thoughts or arguments you may have. At the conclusion of the hearing, the judge will arrive at a decision. Usually the judge will ask the person who filed the OSC to write up a description of the new child custody arrangement as ordered by the judge, so that the judge can sign it and make it the new order.

We understand that these seven steps are much easier said then done. If you would like to have a knowledgeable family law lawyer assist you with your child custody modification, give us a call. We are glad to help. Call us at 888-749-7428 For a free phone consultation.