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
- Review your current order.
- Try to resolve with the other parent or mediation.
- File a motion or petition to modify with the court that issued the order.
- Serve the other parent.
- Present evidence at the hearing.
- 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.