Changing custody requirements vary by jurisdiction. A formal procedure usually involves applying for custody, a fee, and a court hearing. A change may only be granted if it benefits the child or there is a change in circumstances. Mediation may be required before a court hearing.
The requirements a person must meet to change custody may depend on where they live, as laws vary from jurisdiction to jurisdiction. Usually, there is a formal procedure that a person must go through, which usually involves applying for custody with a formal document and then appearing at a hearing set by the court. There is often a fee for requesting a change of custody, and some jurisdictions require opposing parties to meet for mediation prior to the court date. Additionally, many judges are reluctant to change custody when the current order seems to be working well for the child. As such, an individual may need to demonstrate a change in circumstances justifying a change of custody.
In many jurisdictions, a person must prepare a motion to change or request a change to ask a court to change custody. Courts often provide self-help forms that a person can use to apply for a change of custody. If an individual uses an attorney to pursue a custody change, an attorney usually prepares the required documents rather than using court forms. In both cases, however, these documents must be presented to the court that has jurisdiction over the custody issue before a custody change case can begin.
While laws for custody changes may depend on which court system has jurisdiction over the case, many court systems are unwilling to make custody changes based on the whims of the individuals involved. In many cases, a party must demonstrate that a change would be in the best interests of the child or may have to demonstrate that a change should also be granted because of a change in circumstances. If a court has issued only a temporary custody order, a person may only be required to demonstrate that the change of custody would benefit the child. If the court has issued a final or permanent custody order, however, a person would usually have to demonstrate a change in circumstances and convince the court that the change would be in the child’s best interest.
Once a petition to change custody has been filed, a court usually sets a hearing in which opposing parties can state their cases. The judge will then decide the case in accordance with the laws of the jurisdiction. In some places, however, parties are legally required to meet with a third party who will attempt to help them reach an agreement. This process is often referred to as mediation or conciliation. If the parties are unable to reach an agreement, however, the next step is usually a court hearing.
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