Last Updated: Aug 10, 2026
Read Time: 2 mins
Transcript:
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Once a court has put into place a a custody order, if you want to modify it, most of those orders are through a parenting plan and it will require that for certain disputes before you come to the court that you send a request to your other parent that you want to resolve those disputes in a process called mediation. you will submit your proposed revisions to the custody order or the parenting plan and hopefully result as im mediation. If not, you can file a petition with the court that entered your original custody order so
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long as it continues to have jurisdiction and which is most cases. In that petition, you have to allege and prove that there has been a material change in circumstances affecting your children. Once you meet that threshold, if a court agrees that you have proven that there’s been a material change in circumstances, the court will then consider your proposed amended custody or your proposed amended parenting plan. And then the court will go through the original custody factors to determine if
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the new plan is also in the best interest of the children. In this day and age, a material change in circumstances might be that your original order was entered when the children were three and now they reached the age where they are 10 or older and they need a different order because schools changed, their routine has changed. And so if that wasn’t built in at the time of the original order, a court can take that up when the children get older.
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