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Modifying a Child Custody Order: When and How

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Custody orders are not set in stone. If circumstances change, a parent can ask the court to modify them, but you generally must show a significant change and that the change is in the child's best interests.

Common reasons

  • A parent's relocation.
  • Changes in work schedules or health.
  • Concerns about safety, neglect or substance abuse.
  • A child's changing needs or wishes.
  • Failure to follow the existing order.

The standard

Many states require a substantial change in circumstances since the last order and that modification serves the child's best interests. Some allow minor changes on a lower standard. Agreed changes are easier but still need court approval.

Steps

  1. Review your current order.
  2. Try to resolve with the other parent or mediation.
  3. File a motion or petition to modify with the court that issued the order.
  4. Serve the other parent.
  5. Present evidence at the hearing.
  6. Follow the existing order until the court changes it.

Tips

  • Document incidents and communications.
  • Focus on the child, not conflict with the other parent.
  • Do not withhold visitation as retaliation.
  • Consider a family law attorney.

Frequently asked questions

Can I change custody because I disagree with a parenting style?

Usually not without a significant change affecting the child.

Does the child choose?

Older children's wishes may be considered but are not decisive.

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