Santa Rosa Family Law Attorneys
Santa Rosa Custody and Support Modification Attorney
Child custody and support modification are complicated, confusing, and slow. This can be worse only if you feel like you are fighting a lone battle. You deserve a Santa Rosa custody and support modification attorney who will fight for your rights and the rights of your children.
At Embolden Law PC (Provencher & Flatt), we offer various services that include custody and support modification in Santa Rosa, California. We are committed to providing personalized legal representation to each of our clients to ensure they get the best results. Contact us for an initial consultation today!
Why Do I Need a Santa Rosa Custody and Support Modification Attorney?
A Santa Rosa custody and support modification attorney will help you to understand the complicated legal system and ensure that you gain custody or a larger child support payment from your ex. While this might sound daunting, understand that experienced lawyers can help you through this process.
Finding an attorney suitable for your needs is crucial, especially when dealing with something as complicated as the family court system. Whether you need assistance with a custody or support modification, you want to find an attorney ready to fight for your rights and help ensure that you aren’t taken advantage of.
Some of the things to look for in a competent attorney are:
When searching for a Santa Rosa child custody attorney, you want to find one with all those qualities! Serving the Santa Rosa area, Embolden Law PC (Provencher & Flatt) is an accomplished law office that can help you through your divorce. You can rely on us for a wide range of family law services, from spousal support, physical custody, child support modification, child custody arrangements, and dissolutions. We work with each client individually to devise a plan tailored to their unique situation and needs.
On top of having such extensive knowledge and experience in our field, we also offer competitive rates. We pride ourselves on being able to help people get through tough patches at prices they can afford.If you want more information or to schedule a free consultation, call us today!
What are Child Custody Modifications?
A custody modification is a legal procedure in which a custodial parent or guardian petitions the court to modify the custody arrangement. A child support modification is a legitimate procedure that allows a non-custodial parent to ask the court to change their child support obligation.
Custody and child support adjustments are governed by the same rules and procedures in California. The judicial process begins with the filing of a petition. The grounds for change must be stated in the petition, which must be served on the other parent. The other parent has the chance to respond to the petition.
The case will be tried in court if the parties cannot agree. Each side will have the chance to present evidence in support of their position throughout the trial. The judge will assess whether or not to adjust custody or child support after hearing all the facts.
What are the Changes that may Require Child Custody Modification?
If a parent’s circumstances change, the court may order a modification of the existing custody or visitation order. The following are some changes that may result in the need for a modification of your current custody or visitation order:
One of the most prevalent causes of change is relocation. California courts rarely modify custody decisions purely based on relocation. However, if the change is likely to harm the child’s physical or emotional well-being, or the capacity of the non-custodial parent to spend time and have a relationship with the kid, or damage the child’s relationship with siblings, an adjustment may be necessary.
The court may consider a child’s emerging educational needs and whether one parent can better provide the child with physical proximity to an appropriate educational program. They may also allow for whether one parent can better provide better medical coverage or care for a child who develops health problems.
Preference of the Child
Judges will frequently defer to the wishes of youngsters 14 and older if such a change is in the child’s best interests.
If a custodial parent’s employment schedule has become unpredictable or has altered suddenly in a way that may be significantly detrimental to the child, or if there has been a significant loss of money or extended unemployment, the court may consider child custody modification.
Stability and the Environment
The court may consider evidence that a parent has proven emotional instability or is typically unable to provide effectively for the child’s mental, physical, or emotional needs. Specific conditions could include frequent marriages, relationship changes, residence changes, or other scenarios deemed unsafe or unsuitable by the court.
The court may examine evidence that the custodial parent interferes with or fails to arrange visitation with the other parent or otherwise discourages the child from having a positive relationship with the other parent.
Abuse of Substances
The court may also consider evidence that one parent is misusing alcohol or drugs. Corroboration for such charges is frequently required, which may be difficult to produce to the court.
Violence, Abuse, and Negligence
A kid subjected to or at risk of violence, neglect, or abuse should be removed from the situation immediately. An emergency custody modification motion might be filed resulting from physical or sexual abuse. A parent involved in facilitating or allowing child abuse may lose legal custody.
Are You Eligible to Modify Your Child Support Order?
Certain conditions must be met to secure a modification of child support orders. However, this can signify a variety of things.
Here are several popular examples of factors of modifications:
- The income of one or both parents has changed, and this might be either an increase or a decrease.
- One of the parents loses their job.
- One parent is imprisoned or institutionalized against their will for more than 90 days. Payments are automatically suspended for some time after this time.
- One parent has a new child from a previous relationship, which affects their financial condition.
- Parenting time changes. The amount of time each parent spends with the child is factored into support payments, so if that changes, the amount may likewise.
- The child’s requirements change. This frequently indicates a new necessity for health care, regular child care, or new educational obligations.
Any of the factors used to calculate child support change. Income is the most valuable factor, but taxes, the cost of insurance, mandated union dues, and other factors also play a role.
In any case, the party requesting to alter child support is responsible for demonstrating a change in circumstances. You’ll need to show documentation of income and expenses, medical bills, child care charges, job status, visitation and parenting time arrangements, and other things.
The good news is child support can be changed. It takes time and effort, but the court will amend the order if the conditions are met.But, as previously stated, the path ahead is difficult. Even when there is a crucial change in circumstances, courts are often hesitant to alter support orders. It’s probably wise to consult with an attorney before you begin. An experienced family law attorney should be able to tell you how likely your chances are.
Contact Our Santa Rosa Custody and Support Modification Attorney Now!
When dealing with a child custody matter in Santa Rosa, CA, it is essential to be represented by someone familiar with the courts and the local laws.
Embolden Law PC (Provencher & Flatt) understands how devastating it can be for a parent to have their visitation rights limited or to lose custody of their children. We know what you are going through.
Our Santa Rosa custody and support modification attorney can provide compelling legal advice and personalized solutions to suit your needs. Contact us today to schedule an appointment with one of our competent attorneys and get legal aid!
Serving Clients Throughout the Santa Rosa, North Bay, and the Sonoma County, CA Area!
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Embolden Law PC
823 Sonoma Avenue, Santa Rosa, CA 95404, USA
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