How to File a Child Custody Modification

While every U.S. state follows its own child custody and visitation laws, each state requires its courts to consider the child's best interest. According to the Child Welfare Information Gateway, the state courts must always consider the child's best interest when deciding where the child should live and assigning parental rights. Once the court has made a long-term child custody arrangement, any parent who wishes to change the arrangement must generally get a court order to do so. The parent should follow the child custody modification procedures required by his state.

• 1

  Consider whether you may be able to convince the court that a significant change in circumstances justifies modification of your child's current custody arrangement. Identify any reasons why the current plan no longer represents your child's best interest, such as if a long period of time has passed since the court made the order, the child has grown in age or has developed specific needs, the other parent's life has changed through remarriage or absence, or any other significant reason.

• 2

  Obtain the child custody modification forms used by your state's family law courts. Learn whether you must use the identified form as well as whether you can choose to write and submit a motion. Prepare the modification request form or motion as instructed by your state court. Contact a family law attorney, legal aid organization, family law self-help center or facilitator's office if you would like assistance with the child custody paperwork.

• 3

  Determine whether you should file your modification request at the present time, depending on your state's procedures. (In some states, parents can change a child custody arrangement only if a specific period of time has passed since the court made the current order.) If you or your children have recently moved to your current state of residence, confirm which court qualifies to oversee your child custody case.

• 4

  File the completed child custody modification forms with the clerk of the appropriate state court. Pay the filing fees and follow the court clerk's instructions regarding next steps, especially if the clerk schedules a court hearing in your case. Provide the other parent with a copy of your modification request by following your state's requirements for service of court papers.