Archive for the ‘Modification’ Category

Can You Receive a Divorce Modification Over Any Issue?

At the Law Offices of Amy M. Montes, we have experience in many aspects of the divorce process, from the very start to the end. With that being said, we have handled cases on the post-judgment modification of orders, such as in cases where you must modify the circumstances of your order based on changes… Continue reading →

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Dealing with Custody When One Parent is Long Distance

Sometimes, when one parent lives far away from the other parent, custody considerations get much more difficult. As a result a long distance custody agreement must be decided upon, which is not always an easy thing to do. However, you may have to return to court to have your order modified if you had a… Continue reading →

Parent Signing Over Parental Rights to Evade Child Support

Can the father of your child sign over their parental rights to evade child support? Today we examine this and many other issues that deal with parental rights and termination through an FAQ that will answer all of your burning questions. Parental Rights and Termination FAQ Can termination of parental rights be voluntary or involuntary?… Continue reading →

Do we Need Court if we Agree on Custody Terms?

In the eyes of the court, it is always a good thing when two parents are able to agree on what works for their children. This is why, when two parents are separating or thinking about separation, the courts encourage them to come to reasonable agreements that allow for specific parenting time and decision-making. It… Continue reading →

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Getting Custody as a California Mother: The Ins and Outs

In each state, you will find that the custody rights of a parent change drastically. On a historical level, many states agreed that mothers should always have custody, but in California the courts look at the health, safety, and welfare of the child. California Family Code Section 3011 states that judges evaluate several factors before… Continue reading →

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When One Parent Won’t Agree to a Custody Order Change

If you are involved in a custody agreement, you probably already understand that this agreement is legally binding and both parents must share the child according to what is written on the agreement. If you want to change anything that appears on the order, you and your ex-spouse or partner have the freedom to do… Continue reading →

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How do You File to Modify a California Custody Order?

After your custody order has been formed, this does not mean that you can never change it again. There are many reasons that call for a modification, such as the needs of the parent or child changing. If two parents agree on changes, they can change their court order by using the agreement that they… Continue reading →

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How can I modify child support and child custody/visitation?

Child support modification can be done at any time. A parent may ask to raise or lower the amount of child support paid. If the judge ordered a child support that is below the guideline amount, then the amount of child support can be changed at any time and you do not have to show… Continue reading →

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My son went with his mother for the summer, she refuses to return him to me. What should I do next?

In cases where a child is being kept from them, parents cannot wait for a hearing to modify custody orders, especially if the child may be in danger. In cases where you need a decision from the judge right away, you can file for an emergency motion, or temporary orders. Temporary orders are valid until… Continue reading →

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How Can I Get Joint Custody of my 1-year-old?

Her Mother Agrees Because she is Going Into the Military Joint custody is when parents who do not live together have equal say in making life decision for the child. Parents can have joint custody if they are divorced, separated, or not living together. If both parents agree to share custody of the child, then… Continue reading →

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