Can a custody order be modified after the divorce?

Yes, custody orders can generally be modified after a divorce, but courts typically require a showing of a substantial change in circumstances since the original order was entered. This standard is intended to provide stability for children while allowing adjustments when genuinely needed.

Common circumstances that may support a custody modification include a parent's relocation, a significant change in a parent's work schedule, a child's changing needs as they grow older, concerns about a child's safety or wellbeing, a parent's failure to follow the existing custody order, or a substantial change in a parent's living situation.

The process for modifying custody generally involves filing a motion with the court that originally issued the custody order. You will need to demonstrate what has changed and explain why the modification is in the child's best interests. Some jurisdictions require mediation before the modification request goes to a judge.

Some modifications are more straightforward than others. Minor scheduling adjustments may be resolved through mediation or agreement between the parents without court involvement. More significant changes, such as switching primary custody or relocating with a child, typically require court approval.

It is important to note that until a court modifies the existing order, both parents are generally required to follow it. Unilaterally changing custody arrangements without court approval can have serious legal consequences.

DIVORSAY's Custody Tracker helps you document the changes that support a modification request. Our Case Framing tool can help you organize your arguments for presenting to an attorney or the court.