How to change a custody order

Introduction

Change a custody order

Instructions

Difficulty: Moderately Easy

Things You'll Need

• facts, evidence, location or original court order

Steps

1

Step One

If you have a custody order already in place, you can ask the original court that issued the order to make changes or modify it. Generally, you can only ask to have a custody order modified if there has been a change in circumstances.

Example: If there are new allegations or new evidence of abuse, that may count as a change in circumstances. Major changes in either parent's financial or housing status may also count as a change in circumstances.

Generally, once a court has jurisdiction, that court will keep continuing jurisdiction, even if you move to another state.3 If you have moved, you can ask the court that issued the original order to change the jurisdiction to the new state that you are in. Under certain circumstances, you can ask the court in the new state to modify the order without going back to the original state. This is often complicated, and as with all custody issues, we recommend that you talk to a lawyer about this.

2

Step Two

Example: If there are new allegations or new evidence of abuse, that may count as a change in circumstances. Major changes in either parent's financial or housing status may also count as a change in circumstances.

3

Step Three

Generally, once a court has jurisdiction, that court will keep continuing jurisdiction, even if you move to another state. If you have moved, you can ask the court that issued the original order to change the jurisdiction to the new state that you are in. Under certain circumstances, you can ask the court in the new state to modify the order without going back to the original state. This is often complicated. I would suggest that you talk to a lawyer about this.