How do I file a Request for Order to modify an existing child custody and visitation schedule in California?

To modify a child custody and visitation order in California, you must file a Request for Order (RFO) with the court, serve the other parent, and attend mediation and a court hearing. The court will only grant your request if you can show a significant change in circumstances and that the modification is in the child's best interest. Here is how you file a Request for Order: Step 1: Complete the Required Forms You must complete several forms, which are available on the California Courts website. The primary forms are the Request for Order (FL-300) and the Child Custody and Visitation Application Attachment (FL-311). On these forms, you must clearly explain what changes you are requesting and why there has been a significant change of circumstances since the last court order. Step 2: File Your Forms with the Court Clerk Make at least two copies of all your completed forms. Take the original and the copies to the court clerk in the same county where your original custody case was decided. You will have to pay a filing fee unless you qualify for a fee waiver, which you can request using form FW-001. The clerk will keep the original, stamp your copies, and assign a hearing date. Step 3: Serve the Other Parent You must have another adult (not you) who is over 18 serve the other parent with a copy of the filed forms. This must be done at least 16 court days before the hearing. The person who performs the service must then complete and sign a Proof of Personal Service form (FL-330). Step 4: File the Proof of Service File the completed and signed Proof of Service (FL-330) with the court clerk before your hearing. This shows the judge that the other parent was properly notified of the request and the court date. Step 5: Attend Mediation and Your Hearing Before your court hearing, you and the other parent will be required to attend mandatory mediation to try and reach an agreement. If you cannot agree, you will both attend the court hearing. A judge will listen to both sides and make a decision based on the best interest of the child. Important Details and Nuances To modify a final custody order, you must prove to the court that there has been a "significant change of circumstances" since the last order was made. The court's primary focus will be on the child's health, safety, and welfare, as outlined in Family Code Section 3011. Prepare to explain how your requested changes serve these interests. Warnings and Limitations Filing deadlines are strict and missing them can cause your case to be delayed or dismissed. Custody modification cases can be complex and emotionally difficult, especially if you and the other parent disagree. The court may not grant your request. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.