When Can You Change a Visitation Agreement in California?

Visitation agreements, also known as custody orders, are designed to create stability for children after a separation or divorce. But as life changes, so can your family’s needs. Whether due to a move, new work schedule, or concerns about your child’s safety, California law allows parents to request changes (modifications) to visitation orders under certain circumstances.

This guide explains when and how you can modify a visitation order in California, what courts consider before approving changes, and how to protect your parental rights in the process.

When Can You Request a Visitation Modification?

To modify a visitation agreement in California, you must show that a “substantial change in circumstances” has occurred since the last order. This means something significant has changed that affects the child’s well-being or makes the current schedule impractical.

Common examples include:

• A parent’s work schedule change that disrupts the current visitation plan.
• A parent relocating to a new city or state.
• Concerns about a child’s safety or welfare in one parent’s care.
• Substance abuse or domestic violence issues arising after the initial order.
• A child’s changing needs, such as school, activities, or medical requirements.
• A parent’s increased involvement or improved stability.

If both parents agree to the change, they can file a stipulation order for the judge's approval. If they disagree, the parent requesting modification must file a formal motion.

“It is important to remind clients that if they seek to modify a visitation agreement before a judgment, the court applies the 'best interest of the child' standard. For post-judgment modifications, a request to change custodial status requires a substantial change in circumstances, while changes to the visitation schedule are still evaluated based on the child’s best interests. When one parent wishes to avoid conflict but seeks to modify the timeshare schedule, mediation can be an effective tool for the parties to collaborate and reach a mutually agreeable custody arrangement without resorting to litigation.”

— Ashley Bell, Family Law Attorney

The Legal Standard: Best Interests of the Child

Even if a significant change exists, California courts will only approve a modification if it serves the child’s best interest, the guiding principle in all custody and visitation decisions.

Judges typically evaluate factors such as:

• The child’s age, health, and emotional needs
• The strength of the relationship with each parent
• Each parent’s ability to provide a stable, supportive home
• The level of cooperation and communication between parents
• Any history of abuse, neglect, or substance misuse

In short, the court’s goal is to maintain a visitation plan that supports the child’s long-term health, safety, and emotional development, not necessarily what’s most convenient for either parent.

How to Request a Change to Your Visitation Order

If you believe a change to your visitation order is necessary, you must follow a series of legal steps in California. Here’s a more detailed breakdown of the process:

1. Complete the Required Forms:

• Request for Order (Form FL-300): Clearly state the specific changes you are seeking and explain your reasons for requesting the modification. Provide detailed information and supporting facts.
• Child Custody and Visitation (Parenting Time) Application Attachment (Form FL-311): Outline your proposed new visitation schedule. Be as specific as possible about days, times, holidays, and transportation arrangements.

2. File the Paperwork:

Submit all completed forms to the Family Law Division of the Superior Court in the county where your original custody case was filed. You may need to pay a filing fee unless you qualify for a fee waiver.

3. Serve the Other Parent:

Legally deliver ("serve") copies of all filed documents to the other parent. This step ensures they are formally notified and have an opportunity to respond. Service must be completed by someone over 18 who is not a party to the case.

4. Appointment With Recommending Counselor:

In California, mediation through Family Court Services (FCS) is required for custody and visitation disputes. Both parents meet with a neutral mediator who helps facilitate a mutually acceptable agreement, if possible, before the court hearing.

5. Prepare for and Attend the Court Hearing:

If you and the other parent cannot reach a complete agreement in mediation, you will attend a court hearing. Bring evidence, such as schedules, messages, or other documentation, to support your request. The judge will listen to both sides, review the evidence, and decide whether the proposed changes serve the child’s best interests.

6. Receive the New Order:

If the judge approves your request, the new visitation order will be documented and signed by the court. This order is legally binding and enforceable by law.

Common Mistakes to Avoid When Seeking Modification

• Failing to document the change: Courts rely on evidence, so keep records (texts, school reports, job offers, etc.) showing why the modification is necessary.
• Not filing promptly: Delays can work against you, especially if the situation affects your child’s stability.
• Acting without court approval: Never change a visitation schedule on your own; you could face enforcement actions or contempt of court.
• Ignoring mediation: Courts expect both parents to try resolving disputes collaboratively before turning to litigation.

“It is common for parents seeking a modification to overwhelm the Court with every minor infraction they can identify. This often has the opposite effect, casting the parent as combative or retaliatory. Courts look for parents to cooperate and act in the child’s best interests. Prioritizing your evidence for modification is essential to demonstrate you are working to resolve issues rather than create them.”

— Dillon Clayton, Family Law Attorney

When Courts Deny a Modification

Not every request to modify visitation is approved. California family courts take custody and visitation stability very seriously, and judges will deny a modification if the evidence doesn’t clearly demonstrate that the change benefits the child.

A judge may deny your request if:

• The change is minor or temporary.
  Courts look for significant and lasting changes, not short-term challenges like a brief job adjustment, a temporary move, or scheduling conflicts. If the situation is likely to resolve on its own, the court may decide that modifying the order is unnecessary.
• The modification would disrupt the child’s stability.
  The court’s priority is maintaining continuity in the child’s life, their home, school, and relationships. If the proposed change would uproot the child or create more instability than benefit, the judge may deny it, even if the requesting parent has good intentions.
• There’s insufficient evidence of a legitimate need.
  Courts rely heavily on credible, documented evidence, not just verbal claims. Without proof such as school reports, medical records, witness statements, or documentation of unsafe conditions, a modification request is unlikely to succeed.
• The request appears motivated by conflict, not the child’s best interest.
  Judges can often recognize when a parent is using modification as leverage in a co-parenting dispute. If the court believes the request stems from frustration, retaliation, or attempts to limit the other parent’s time, it will likely be denied.

When a modification request is denied, the court often encourages continued mediation or counseling to help parents communicate more effectively and address concerns outside of court. Parents may also revisit the issue in the future if new, more compelling circumstances arise.

Tip: If your request was denied, speak with a family law attorney before re-filing. A Certified Family Law Specialist can help identify what evidence or arguments were missing and strengthen your case for the next hearing.

“Courts are not easily moved to change an existing parenting plan, especially if a plan has been working reasonably well. When a modification is granted, it’s usually because the requesting parent presented credible evidence of a material change in circumstances and demonstrated that the proposed modification clearly serves the child’s best interests.

Modifications are more likely when the requesting parent presents a practical, child-centered proposal that addresses the problem without creating new conflict, and when they demonstrate a consistent pattern of reasonable, solution-focused co-parenting. Ultimately, judges look for clear evidence that the proposed change will better support the child’s well-being paired with a child-centered proposal delivered by a reasonable, solution-oriented parent.”

‍— Elisa Kisselburg, Family Law Attorney

FAQs About Changing Visitation Orders in California

Can I modify visitation without changing custody?

Yes. You can request a change to the visitation schedule while keeping legal and physical custody terms the same.

How often can I request a change?

There’s no strict limit, but courts discourage repeated requests without a substantial reason.

Do I need a lawyer to modify visitation?

While not required, working with a Certified Family Law Specialist can help you build a stronger case and avoid procedural errors.

Can my ex refuse to follow the new order?

No. Once a judge signs the new order, it’s legally binding. A parent who violates it may face contempt of court or sanctions.

What if we both agree to change the schedule?

If both parents agree, you can submit a written stipulation to the court for approval, often avoiding a hearing altogether.