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Related: What Are The Chances Of A Father Getting Full Custody. The court does not appoint attorneys to represent parties in child custody cases. Substance abuse can lead to neglect, abuse, and other risks to your child. Before they make modification of custody, they will take into consideration: If one of you is moving, lets talk about how to change jurisdiction for child custody. I will tell you in california unless there is an extreme safety reason for it, judges will not allow a child to move out of the school district area. If parents have joint legal custody, then they must consult one another and jointly make major decisions, such as where the child will attend school or whether the child will have a major medical procedure. Neglect is when a parent refuses, or fails to, provide for a childs basic needs. How will you prove that this did or did not happen? Inability to co-parent grounds for sole custody award; Guardian Ad Since the childs best interests are always the most important consideration, endangerment is one of the most compelling reasons a judge will change custody. A judge can only make decisions in your case after the other parent has been served with the summons and complaint. You must be careful to clarify if you are discussing physical or legal custody. Motion to Dismiss modification of custody - Legal Answers - Avvo pay agonizing amounts of financial support, protect your rights, not wrongfully lose custody, and not get raked over the coals financially, One of the biggest reasons a judge will change custody is if, Fathers not following parenting plans causes, Withholding a child from another parent is a strategy some. The other parent does not have to attend the hearing. If one of the parents is engaging in behaviors that could endanger the child, the court could modify the order and remove or substantially limit that parents rights to physical custody. If you and your ex cannot come to an agreement, you may have to get a family law attorney involved. Reasons to modify child custody include if a parent happens to: These are not the only child custody modification reasons. After filing an emergency motion to modify child custody, youll have a hearing within 24 hours.