Modify judgement in California: Can I file an order to show cause?

I am a father who petitioned for joint legal and physical custody and won but now I need to modify the order and fast. I want to change order that my daughter can not leave Los Angeles county or California, and also add holiday schedule. Can I file a order to show cause and can she be served through the mail as she has moved to northern California and I am in southern California?

[AFFA]

I wish to inform you that the proceedings for modification of a child custody order can be done if there are circumstances in which it is necessary to do so. The Court considers the best interest of child as a basis for change and hence if the orders are to be modified you will have to show that the modification is in the interest of the child. Modification of child custody order will ordinarily commence in the same Court where the order to be now modified was passed. You can file an Order to Show Cause. Further, all the documents required to be served must generally be served at least 16 days before the hearing. Documents can be served by mail, express mail or fax but the period of Notice is longer if served by these modes.

AFF

[130smartchick]

Geez...please ignore Affa above...not sure what candy box that info came from.

You can file an OSC in the county that already has jurisdiction - but then NCP must be *personally* served no less than 21 days before the hearing date.

What's the deal, if you don't mind me asking?

You might win the state, but probably not the county since NCP doesn't even live there anymore it seems...

Originally Posted by Unregistered I am a father who petitioned for joint legal and physical custody and won but now I need to modify the order and fast. I want to change order that my daughter can not leave Los angeles county or california, and also add holiday schedule. Can I file a order to show cause and can she be served throughthe mail as she has moved to northern California and I am in southern california?

Do not listen to either one of the original posters! You need to file a Notice of Motion to modify the court order. An OSC is used for an original hearing or for a hearing when a judgement is currently pending. Using an OSC, you HAVE to serve the party in person. Using a notice of motion, you can serve by mail. Hope this helps. You will have to PROVE that there has been a change in circumstances and that it is in the best interest of the child.

Thanks for all the advice, I will use it all to my advantage. Just to give a bit more insight on the situation, my daughters mom is not a bad mother and she loves our daughter. However, she tends to make bad and careless choices when it comes to our daughter. She has lied to me and taken my daughter to Northern California for a funeral and had no intention of bringing her back home. Southern Cali is home to my daughter, she was conceived, born and came home from the hospital to my home in which we both shared. She decided to move out and I have no problem with that. I am only concerned for my daughters health, safety and well being. I am not comfortable with my child around random men that I can't meet, especially if they will spend the night under the same roof with her. And most important, she is suppose to be living with her mother that only has a 1 bedroom apartment with 5 adults including herself living there. Where is my child sleeping???? I live in a 3 bedroom house in a very safe community and my daughter has a room with her own bed and toys etc. So I am not denying her any rights to our daughter, I am just securing my rights and making sure she is in the most healthy, stable place possible.