How to Modify a Custody Order

Custody orders are never completely final, because children's needs change. But courts also value stability, so changing an order requires a good reason.

The legal standard

In most states, the parent asking for change must show:

1. A substantial (material) change in circumstances since the last order, and
2. That the requested change is in the child's best interests (Cornell LII).

Some states impose a waiting period, such as one or two years after the order, before a contested modification unless the child's present environment may seriously endanger them.

Examples of changes that can justify modification

• A parent's planned relocation; see moving out of state with a child
• Abuse, neglect, substance abuse or domestic violence
• A parent repeatedly violating the parenting schedule
• A significant change in a parent's work schedule or availability
• The child's changing needs, school issues or health
• An older child's strong, mature preference

Steps

1. Try to agree. If both parents agree, submit a written stipulation for the court's approval.
2. File a petition or motion to modify in the court that has jurisdiction, usually the court that made the order if a parent or child still lives in that state (28 U.S.C. 1738A and the uniform custody act).
3. Serve the other parent.
4. Mediation, often required.
5. Evaluation, in some contested cases.
6. Hearing, where the judge decides.

Emergency changes

If a child is in immediate danger, you can ask for emergency temporary orders, usually the same or next day, with a full hearing to follow.

Evidence

School and medical records, communication logs, witness testimony, police reports and a proposed new parenting plan.

Costs

Agreed modifications can be inexpensive; contested ones can cost as much as the original case, especially with evaluations.

Child support

A custody change often changes child support too, but you must ask for both.

A family lawyer can assess whether your circumstances meet your state's standard.

Sources

1. Cornell Law School LII: Child custody
2. Cornell Law School LII: Best interests of the child
3. Cornell Law School LII: 28 U.S.C. 1738A, Full faith and credit given to child custody determinations