Can I Get Custody Restrictions Changed or Lifted Later?

Sometimes, a child custody and visitation order will include requirements that the parents deal with certain serious issues such as domestic violence, substance abuse, or poor parenting skills. This might mean that as part of the order one or both parents must attend anger management classes, parenting classes, substance abuse treatment programs, counseling, or some other support program. If a parent follows these instructions and effectively deals with whatever situation caused the judge to make the order in the first place, it is possible that he or she can ask for a change to the child custody and visitation order. The conditions that would justify a new order will vary depending on the issues involved. For example:

In domestic violence cases: Usually, a judge cannot give child custody to a person who has committed domestic violence. A judge will treat a case as a domestic violence case if, in the last 5 years a parent was convicted of domestic violence against the other parent, or any court has decided that one parent committed domestic violence against the other parent or the children. However, there may be exceptions to this. A judge CAN consider giving child custody to a person who committed domestic violence if It is best for the child; the person has completed a
52-week batterer’s program and not committed any other domestic violence.
(See California Family Code, Section 3044)
In drug or alcohol abuse cases: The judge might consider changing child custody and visitation orders if the person has completed an alcohol or drug abuse program, or a parenting class; followed all terms of probation or parole or a protective or restraining order.

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