Father is Holding hand of his child and walking on road

Can I Change a Child Custody Agreement?

Can I change a child custody agreement? While the answer depends on the specific circumstances, the answer is generally yes; you can change an agreement if you meet certain requirements. Reasoning, allowances, and processes may vary pending state jurisdiction. However, the most significant factor courts consider when amending a child custody agreement is what is in the best interests of the child.

Circumstances that may have been suitable when you initially divorced or established the arrangement can change over time. Speak to an experienced child custody lawyer before pursuing a change to a child custody agreement. They can help collect documentation to support your request and demonstrate to the court that your requested change is in the child’s best interest. Schedule a free consultation now.

Reasons a Judge Will Change a Child Custody Agreement

When both parents agree to a modification, they can petition the court to change a child custody agreement. The process involves drafting and submitting a new custody agreement to the court that issued the original order. Mutual consent demonstrates a willingness to make favorable adjustments in the best interests of the child. However, to ensure your interests are also protected, it’s advisable to consult a child custody attorney before submitting a new custody agreement.

Other reasons a judge will change a child custody agreement include when a parent relocates, changes in one parent’s situation, or changes in the child’s needs or preferences. A judge can also change a child custody agreement when a parent refuses to follow the terms or there are safety concerns regarding the child.

Geographical Relocation

If the custodial parent moves away or relocates out of state, the noncustodial parent can request a change to a child custody agreement. When determining a modification, the court considers how the geographical relocation will significantly impact the child’s life positively or negatively. They will also review the burden it may place on the noncustodial parent to see the child and continue with the current custody schedule. A custody agreement may require that a parent provide notice within a designated set time before moving. It may also forbid the custodial parent from relocating out of state.

A Change in the Parent’s Situation 

When there is a change in a parent’s situation that benefits or damages the child, a court can change a child custody agreement. However, you must prove that it’s a substantial change that benefits the child’s life and well-being. Changes to a parent’s situation may be harmful and warrant an immediate change to a custody order. But changes can be positive, too.

For example, an incarcerated parent or parent with substance abuse issues may overcome those obstacles. A court may change a child custody agreement if the parent can demonstrate a couple of years of housing and job stability, have no new criminal offenses on their record, and have maintained sobriety. A child custody attorney can gather the required documentation to demonstrate these substantial changes to a parent’s situation and present them to the court.

A Change in the Child’s Needs or Preferences

It’s common for a child’s needs to change while growing through the different stages of adolescence. What worked when they were toddlers may not be conducive to their needs as tweens. If a parent can demonstrate that their child’s needs have changed, they may have grounds for a change to a child custody arrangement. If a child develops a physical, mental, or emotional disorder, and one parent is better suited to care for the child, a court will modify a custody order.

Finally, as a child grows and develops personal preferences for their living arrangements with parents, the court may change a child custody agreement based on their preferences, provided it’s best for them. If a parent or their attorney can demonstrate that the change is not in the best interest of the child despite their wishes, a court may choose not to modify an order.

One Parent Refusing to Follow Agreement Terms

If one parent refuses to comply with the terms of the custody order, the other can petition the court to change the child custody agreement. For example, if they return your child late every time or refuse to inform you of out-of-town trips before taking them with your child. A child custody lawyer can properly notify the violating parent before securing evidence of these violations.

They can help show the court that their violations are significant circumstance changes of the arrangement and affect the child’s welfare. In addition to requesting a change in your order, you may request the other parent be held in contempt of court for their violations. A child custody attorney will oversee the process when relevant to your case.

Safety Concerns

Ensuring the safety of children is heavily prioritized when establishing custody orders. Safety concerns are a primary reason a judge can change a child custody arrangement. Examples of child abuse and neglect safety concerns a judge may consider modifying your child custody order over are as follows:

  • Evidence of Abuse: If one parent is physically or emotionally abusive, and it can be demonstrated with evidence, a judge will change a child custody agreement.
  • Evidence of Neglect: If one parent neglects their responsibility to care for basic needs, such as providing adequate water, food, shelter, clothing, education, and medical care, it is grounds to change a child custody agreement.
  • Evidence of Domestic Violence: When there is a history and evidence of domestic violence in a household that can endanger a child’s safety, the court may modify a custody order. If a parent dates or remarries and domestic violence becomes a new threat in the household, your custody attorney can document the evidence so that you can get a change to your child’s custody agreement. 


When there is fear that a parent may abduct the child, a judge will consider evidence of risk factors and change a child custody arrangement based on their conclusions. It may involve placing travel restrictions on the parent with the child without providing an itinerary, physical addresses, phone numbers, and copies of all travel documents. A judge may also modify the order to restrict travel entirely or remove the child from school or daycare.

Why You Need a Child Custody Lawyer to Change an Agreement

You need an attorney to represent you when changing a child custody agreement, when you need a legal set of eyes on what you agree to with another parent, and when the other parent refuses to cooperate or is a danger to your child. A child custody lawyer will help collect the necessary documentation to support your request before presenting it to the court, demonstrating that the change is in the child’s best interests. Schedule a free consultation.

Child Custody Lawyer, Christopher M. Rolle
Child Custody Lawyer,
Christopher M. Rolle