This sample motion to modify child custody and visitation in California is designed to be used by to request that the court modify a child custody or visitation order and should be used in conjunction with a notice of motion or request for order and requests a modification on several grounds including that a significant change of circumstances since the date of the last custody order requires a modification for the best interests of the minor child or children, the existing custody order is not a final custody order but is only an interim or temporary order, or the party is only requesting a modification in the visitation schedule instead of custody. The sample on which this preview is based is 13 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and sample declaration. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
In re the marriage of:
Petitioner: _________________________
and
Respondent:____________________________
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Case No.
MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF MOTION FOR
MODIFICATION OF CHILD CUSTODY AND
VISITATION; DECLARATION OF ________;
EXHIBITS
DATE:
TIME:
DEPT:
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POINTS AND AUTHORITIES-MOTION FOR MODIFICATION OF CHILD CUSTODY/VISITATION

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TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF
RECORD:
NAME AND CAPACITY OF MOVING PARTY herein submits their Memorandum of
Points and Authorities in support of their motion to modify the child custody/visitation order entered
on DATE OF LAST ORDER on the grounds that LIST HERE THE GROUNDS SUCH AS THE
LAST ORDER WAS NOT A FINAL ORDER, THERE HAVE BEEN CHANGED
CIRCUMSTANCES SINCE THE DATE OF THE LAST ORDER, YOU ARE ONLY
SEEKING TO MODIFY VISITATION, ETC.
NAME AND CAPACITY OF MOVING PARTY ___________ is requesting that the Court
modify the child custody/visitation order entered on DATE OF LAST ORDER as detailed below.
LIST HERE THE SPECIFIC DETAILS AS TO WHAT MODIFICATIONS YOU
WANT SUCH AS CHANGE IN LEGAL AND/OR PHYSICAL CUSTODY, JOINT
PHYSICAL CUSTODY, INCREASED VISITATION TIME, ETC.
The motion will be based on the notice of motion or request for order and the memorandum of
points and authorities concurrently served and filed herewith, on the declaration of __________ and
Exhibits attached thereto concurrently served and filed herewith, on the papers and records on file
herein, and on such oral and documentary evidence as may be presented at the hearing of the motion
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation.
Note that you MUST personally file and serve all of your
documents including the motion or request for order as well as all other
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POINTS AND AUTHORITIES-MOTION FOR MODIFICATION OF CHILD CUSTODY/VISITATION

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supporting documents on the other party at least sixteen (16) Court
days before the hearing date. Note that Court days means Monday
through Friday not counting Court holidays.
Check with the clerk of your Court to determine if there are any
additional requirements imposed by your particular Court.
Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
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POINTS AND AUTHORITIES-MOTION FOR MODIFICATION OF CHILD CUSTODY/VISITATION

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MEMORANDUM OF POINTS AND AUTHORITIES
I.
INTRODUCTION
DESCRIBE THE CASE AND PROVIDE SOME RELEVANT INFORMATION SUCH
AS TYPE OF CASE, DATE(S) OF TRIAL, DATE AND DETAILS OF ORDER, ETC.
To view the sample document on which this preview is based visit:
https://www.scribd.com/doc/260908239/Sample-Motion-to-Modify-
Child-Custody-and-Visitation-in-California
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POINTS AND AUTHORITIES-MOTION FOR MODIFICATION OF CHILD CUSTODY/VISITATION