In order to modify a child custody order two years must have passed since the order was entered and there must be a substantial change in circumstances. A substantial change in circumstances includes the custodial parent moving to another state, a substantial increase in the child’s age, a dramatic change in one parent’s income, a showing that the child is in danger emotionally or physically, or the custodial parent refusing to allow the non-custodial parent to visit with the child.
Another thing you must think about before modifying a custody order is whether or not the court in which you want to bring the action has jurisdiction over the case. Jurisdiction means that the court will hear the matter. Jurisdiction may change depending on if the child has moved to a different state. Modifying a child custody order after you get a divorce can be tricky. If you are in need of advice or need help to modify a child custody order, call us at the Law Office of Keith Short and let us help you. 618-254-0055.