When can parents modify a custody order?

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When can parents modify a custody order?
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Last Modified on Jan 07, 2026

The terms included in a custody order govern parental rights and responsibilities. Parents have to share decision-making authority in accordance with the custody order. They must uphold the ordered schedule for sharing parenting time.

In some cases, parents may find that the custody order no longer works well for the family. Changes in schedules or household dynamics can leave parents scrambling to adjust the established schedule based on their current needs. Sometimes, parents may be able to ask the courts to modify their existing custody order when it no longer suits the family’s needs.

When is a custody modification a realistic option?

After substantial changes

Parents often do not agree on how to adjust their custody orders. Either parent can petition the courts to review and update the custody order if they can show that there has been a substantial change in circumstances. New employment, new relationships and even health issues could influence what a judge believes is in the children’s best interest. Modification hearings are an option when either parent can show that there has been a major change that alters what is in the best interests of the children.

After reaching an agreement

Parents do not have to defer to a judge when updating their custody orders. They can agree on their own what changes are necessary and file paperwork for an uncontested custody modification. Parents do not have to meet any standard to qualify for an uncontested custody modification. They simply need to cooperate to submit paperwork to the courts for a judge to review and approve.

Keeping a custody order up to date can minimize parental stress and conflict. Parents may sometimes need to return to court to modify their existing custody orders, and that’s okay.

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