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Modification of a Custody Order

Quick Facts

First modification cannot come before one year.
Subsequent modification cannot come before two years after first.
Danger to child can get earlier modification.

Unless the parents agree in writing, a custody order or parenting plan modification cannot be requested earlier than one year after the date of the entry of a decree of dissolution or legal separation containing a provision dealing with custody, with one exception. The court can modify custody if a parent willfully denies with or interferes with parenting time or believes that the current environment is a danger to the child’s physical or emotional health or will or does impair the child’s emotional development.

If the court modifies child custody, then another petition for modification cannot be made for two years after the modification is made, except as a danger to the child.

Modifying the Child’s Primary Residence

The court is not permitted to modify a prior custody order or a parenting plan provision that assigns the child's primary residence unless the court finds that a change has occurred in the circumstances of the child or the parents. Further, the modification must still be necessary to fulfill the best interests of the child, regardless of any change in circumstances. A parent denying or interfering with the parenting time schedule can provide the basis for modification.

However, the court must first make one of the following findings.

The court must find that a change in the custody pattern or primary residence is in the child’s best interests. The parents had to agree in writing to the best-interests standard. If the original order was after late April 2000, then the parents also both had to be represented by lawyers or the court had to establish that both parents were fully informed of the implications of the agreement. The agreement had to be voluntary.
Both parents agree to the modification.
The child has been integrated into the family of the petitioning parent, with the consent of the other parent.
The child’s present environment endangers the child’s physical or emotional well-being, or the environment impairs the child’s emotional development. Further, the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child.
The court denied a request by the primary custodial parent to move out of state with the child, and that parent went ahead and moved out of state with the child regardless of the court’s order.

There are certain additional bases for modifying custody that may apply to specific situations.

As noted briefly above, the parents can agree to the standard of proof required to modify custody. The change must be made in writing. A different standard may be applied in the case of relocation out of state.

Temporarily Suspending Child Support

If a parent has been granted sole physical custody of a minor and the child later lives with the other parent, and temporary sole physical custody has been approved by the court or by a court-appointed referee, the court may suspend the child support obligation pending the final custody determination. The court's order may denying the suspension of child support, but it must explain in writing the reasons why continuation of the child support obligation would be in the best interests of the child.