How to Modify Child Custody

Generally, a party seeking modification of a child custody order must first file a motion to modify in the original case.  The legal documents to modify custody should specify why a change in circumstances exists and what changes are sought.  Some states also require a supporting affidavit or declaration. This affidavit should include the specific facts supporting the parties' allegation in the motion of how the child is being harmed, if applicable, or whatever other factors demonstrate that it is in the best interest of the child to change the court order.  The documents should also state how the child would benefit from the requested change.

If possible, a party seeking a change in the child custody order also should submit supporting affidavits from medical personnel, teachers, neighbors and any others who have witnessed events demonstrating the undesirability of the current custody situation. 

If the basis for the change in custody is child neglect, affidavits of social workers, neighbors, babysitters, or school personnel with personal knowledge of the neglect should be included. Likewise, if the basis is some type of abuse, an affidavit of a physician, nurse or other medical personnel describing the injuries and the type of treatment given should be included.

In sum, to get a change in child custody, one must set forth relevant factors to the court in an organized manner, demonstrating the need for change while focusing on what is best for the child.