The Court held in In Re Marriage of Lucio¸ that the changed circumstances rule does not apply when a parent only requests a change in the parenting or visitation arrangement. However, when a parent requests a change from joint custody to sole custody or from sole custody to joint custody, the court must find that there are changed circumstances.
When the court hears a case regarding a change in parenting or visitation arrangement, the court applies a legal standard called “the best interests of the child.” There are several factors the court must weigh in application of this standard but the sole purpose is to determine what would actually be the best for the child.
In this case, the dissolution judgment granted mother sole physical custody of the children and permitted father to have monitored visits. Father later requested an order to show cause hearing to alter the visitation arrangement. The trial court dismissed the order to show cause because father had failed to allege changed circumstances that would allow the court to consider his request. The Appellate court reversed because father in this case did not request a change in custody, only a modification of the visitation arrangement and therefore the father did not need to demonstrate changed circumstances.
When you have a court order regarding custody and visitation, it is very important to consult with a knowledgeable Los Angeles family law attorney to find out what the law is based on the current orders. As demonstrated above, there are two very different standards for two different requests regarding custody and visitation. Therefore, it is important that a family law attorney assist you so your case can properly be presented before the court.
Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.
