How do I proceed with a modification of a custody/visitation order made over 2 years ago?

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How do I proceed with a modification of a custody/visitation order made over 2 years ago?

I went to try to modify a current custody/visitation order that was made over two years ago and was told that case has expired. This case started out as a dissolution of marriage with no minor children filed 7 years ago. Then 3 years later we had a child and so started the custody issues, a TRO that was later dismissed, and the hubby either on active parole or serving a extensive prison sentence which he is currently serving 11 years 4 month for an armed robbery conviction. So now that the case is expired what happens to the orders made over 2 years ago are those also null and void? What do I need to do in order to modify current orders.

Asked on June 22, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 10 years ago | Contributor

Whatever final judgment/order was made will still be in place.  Once a case is finished...and you later want to amend those orders, you have to file a new lawsuit.  The only difference really is fees.   You will need to file the following forms: FL-330, FL-300, FL-310, FL-150, FL-155, FL-160.

State what has changed in the last 2 years that would mandate an amendment to the original order.

Be prepared to face the father in court.  Under the penal code, fathers in prison may get transfered to local jails to respond to custody proceedings.

I am not really sure why you would want to change the custody order considering the fact that father is not going to be able to act on his rights for over 11 years.  You may want an attorney to review your case in more depth to ensure that filing is in your best interest.

Best of luck.

If your case is near Ventura County, feel free to contact me.


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