How to Change Custody Arrangements After a Divorce Is Final?

Custody orders can be changed if it is in the best interests of the child.

Final divorce decrees can be modified if new facts or events have occurred that alter the situation between the parties as compared to when the divorce decree was entered. When the noncustodial parent learns of facts or events suggesting that the best interests of the child require a transfer of custody, he can file a Petition for Change of Custody in the county courthouse for the county where the child currently resides.

Things You'll Need

• Petition to Change or Modify Custody
• Filing fees

Instructions

1. Visit the clerk's office at the county courthouse, and obtain a copy of a Motion to Modify Custody if the clerk's office maintains forms for specific motions. Complete the form, listing your reasons for requesting modification of custody and including the new evidence that you believe the court should consider.

2. Consult an attorney who specializes in family law, and have her review your motion. Make any revisions based on your consultation.

3. File the completed motion with the clerk and pay the required filing fee. The clerk will give you a stamped copy of the motion and set a court date for the hearing on your motion. Send copies of the stamped motion to all interested parties via registered or certified mail. If you have not provided notice, the court will continue the hearing on your motion.

4. Present your case at hearing on your motion. If you can afford to do so, have an attorney represent you and argue your case at the hearing. You can present your new evidence and witnesses to the court during the hearing. The court will grant your motion if it finds that the new evidence indicates that a change in custody is in the best interests of the child.

Tips & Warnings

• The court will be looking for new information that requires a change in custody such as domestic violence conviction of the custodial parent, drug or criminal acts of the custodial parent or a change in financial circumstances. the Court is unlikely to amend the previous custody order without a compelling reason in the child's best interests.

References

• FindLaw: Appeals and Motions to Modify the Divorce Judgment