SPARC Forums

Enrique M. v. Angelina V. (2004) , Cal.App.4th

It appears to me that it is caselaw on modifying a parenting arrangement after final judgment... that "change of circumstance" is not the threshhold if a party is not seeking a change of custody.  If party is seeking changes within existing custody, best interest is the standard.

So for those of us who managed to get "joint custody" as our final judgment, it affirms our opportunity for modifying the parenting plan under best interest standard?!

That's pretty cool, if so.  

It gives future opportunities to help evolve our parenting plans after final judgment, as needed due to unforeseen conflicts, loopholes, etc.

Happy vacation!

DD

...and good reasoning. Be advised, however, that many stipulated court judgments contain text that bars the use of "changes in law" as a pretext for modfying a court order, i.e., the state of law existing at the time the judgment was made, remains static. Thus, many people would be unable to utilize this ruling.

Also, for other readers, this ruling is only applicable to CA law. Other States mileage may vary significantly.