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Modifying a Custody Arrangement

What Does it Mean?

Modifying a custody order (parenting plan) changes whether a child's caregiver has legal custody.

How Does it Work?

A judge may modify a custody order if a caregiver's ability to care for the child has changed since the original order. To ask a judge to change your custody order, you must file a motion.

  • Generally speaking, a judge will only change a custody order if it's been LESS than TWO (2) YEARS since it was originally issued

Things You Should Know

Custody arrangements can be modified to change whether a parent is their child's custodial parent, or their non-custodial parent.

If a legal parent loses custody of a child, they have the right to ask the court for visitation rights (parenting time).

If it has been MORE than TWO (2) YEARS since your custody order was issued, you can only ask for a modification if:

  • You can offer evidence (through affidavits) showing that the custody order threatens the child's physical, mental, or emotional health

See Related

Definitions

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Articles

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