When You Need To Change A Custody Order

A man with his head in his hands sits on a bench in the foreground while a woman walks away

It is always possible to change a custody order, and it may be in your best interests to work with a family law attorney to help you with the process. Several factors go in to determining how difficult a change to a custody order can be, including how cooperative the other parent will be. There are simple cases where all that is needed is to be able to come to an agreement with the other parent, having your attorney prepare a petition for the court to modify custody, and having a judge sign the court order. Other times, parents may need to complete additional steps, including the possibility of mediation or a court hearing. Having an attorney on your side can help, including convincing a judge of an urgent situation that makes changing the custody order imperative. Members of our legal subscription plans for individuals and families have access to dedicated, qualified family law attorneys who can advise you and guide you through the process for just one low, monthly fee. Plus, you can speak to your provider law firm on an unlimited number of legal issues without ever paying more. Here is some more information on common issues in changing a custody order.

Reasons A Custody Order Might Get Changed

A judge may make a change to a child custody agreement for a few reasons:

• The current arrangement is difficult for one or both parents

• A parent's work schedule has changed

• A parent is moving to another state

• The existing agreement is no longer in the child's best interests

• The current order does not provide for quality time with one parent and/or provide for proper supervision

• The child is struggling in school

• The environment the child is living in has become unsafe, unclean, or is otherwise an unfit environment for the child

• The child's school schedule or extra curricular schedule has changed significantly

• One parent is deliberately blocking the other parent from court-ordered parenting time

• One parent has significant medical, physical, or mental health challenges

• One or both parents are having difficulty following the current parenting plan or one parent is not following the plan for visitation and/or custody

• Things that contribute to the child's well-being - such as visitation, child support, or other items - need modifications

The court may agree and grant a new order, but there are cases where the other parent will need to agree to the new arrangements.

When Can I Request A Custody Modification?

Though it varies from state to state, there usually needs to have been some kind of substantial change in circumstances and that it is in the best interest of the child or children to review and modify the custody order. If you feel that your child is in danger, you should seek the advice of an experienced family law attorney to seek a change in the parenting plan, as it may require filing a motion with the court and a hearing.

What Constitutes A "Material or Significant Change In Circumstances"?

Generally, a significant change in circumstances means changes that:

• Have occurred since the parenting plan was put in place

• Contributed negatively on the child's health, school, or other factors

• Caused significant impact on the child's day-to-day life

• Will benefit the child if the plan is altered

Documentation of the circumstances will usually be required. An attorney can help you understand the requirements in your state.

What If Both Parents Can Reach An Agreement?

When both parents agree on a change to the parenting plan, the court will usually approve the change if it benefits the child or children.  If you can reach a satisfactory agreement with the other parent, make your plan official with a modified court order:

• Write down the details of your new plan

• Have your attorney review the plan to make sure it meets your state's requirements

• Have your lawyer draw up documents

• Both parents must approve the final plan

• File paperwork with the court and set a hearing if needed

• Prepare for the hearing if you need one

• Have the judge sign the new order and file it

If you and the other parent are not able to reach an agreement, one option is mediation. An agreement reached in mediation will probably require a hearing; an attorney can help you understand your rights and what steps you need to take.

When Parents Cannot Agree

If there have been substantial changes in circumstances and you need a modification of your custody order, but the other parent doesn't agree ot rejects your proposal, you may need to collect documentation of the change in circumstances and file it with the court in order to make the changes. Laws vary from state to state, but you may be required to meet with a mediator to try to reach an agreement with the other parent. If the case ends up in court, you may need the following:

• Documentation or evidence of the changes in circumstances

• Proof of negative impacts on the child or children

• Your proposed plan for custody modification

Your attorney will be able to help you identify types and kids of evidence that will be needed in court to build an argument for modification. This may include documents or witnesses to the effects of the change in circumstances. Evidence may include:

• Photographs or video illustrating your concerns

• Report cards

• Disciplinary records from your child's school

• Testimony from doctors, teachers, therapists or other third parties

Our legal subscription plan members have access to experienced family law attorneys to help address legal concerns regarding child custody orders, including giving you advice on what documentation to collect and how to navigate the system in your state. Your lawyer will be able to explain your options based on your unique situation and you can call your attorney on an unlimited number of legal matters. Learn more about all the benefits of being a member of our legal subscription plans for individuals and families or sign up today!