When Can You Modify a Child Custody Order? Key Factors Courts Consider
March 18, 2025
Child custody orders aren’t always final, especially when a previous arrangement no longer serves a child’s interests. This discussion of revisiting an existing order looks at why parents might seek a change, the criteria courts use to evaluate those requests, and how the steps work from start to finish.
Joseph A. DeWoskin, P.C., located in Kansas City, Kansas, helps parents facing a range of family law matters, including child custody modifications. Before a parent modifies a custody order, it’s helpful to know how child custody works and when courts will allow a modification.
How Child Custody Functions In Kansas
Child custody typically addresses two key elements: legal custody (decision-making authority) and physical custody (the child’s primary residence). Kansas law aims to support the child’s overall welfare, which includes consistent routines and healthy relationships. Family law principles emphasize that a child’s best interests should always guide custody arrangements.
When parents first settle custody—whether through mutual agreement or a court hearing—they outline a schedule and responsibilities. That plan might include details about holidays, schooling, and medical decisions. However, shifting life developments may prompt a review of the original order, prompting questions about whether it still meets the child’s needs.
Common Reasons to Modify a Child Custody Order
Courts don’t automatically grant a custody modification. Parents must typically show that circumstances have changed significantly since the last order. These changes can range from job relocations to a child’s evolving medical or educational needs. Other times, severe issues like substance abuse or domestic conflict may arise.
Let’s look at typical scenarios that encourage parents to seek a revised order:
Relocation for work or family: One parent might have to move to another county or state because of a new job or to care for an elderly parent. This relocation can disrupt the child’s routine, prompting new time-sharing schedules or different physical custody arrangements.
A significant change in a parent’s life: Losing a job, experiencing long-term illness, or remarrying can shift a parent’s capacity to care for the child. These adjustments might inspire a parent to request more or less custody time.
Child’s preferences: Older children sometimes express a desire to spend more time with one parent or prefer a certain living arrangement for academic or social reasons. While courts don’t always follow a child’s wishes, they might weigh them if the child is mature enough.
Lack of cooperation or consistent visitation: If one parent repeatedly fails to follow the existing plan or creates a harmful environment, the other parent may pursue a custody modification to protect the child’s well-being.
Safety concerns: Problems like substance abuse, neglect, or other endangerments can lead to urgent modification requests if a child’s physical or emotional health is at risk.
Not every change in circumstances justifies a modification. Courts try to balance stability for the child with the realities of shifting family life. Before filing a motion, a parent usually needs to gather documentation and be prepared to show how the current setup isn’t working under established family law standards.
Key Factors Courts Consider
Parents seeking custody modification often wonder what courts look for when deciding whether a change is necessary. While family law outlines the child’s best interests as a guiding principle, that concept has multiple layers. Judges generally weigh various elements to determine if revisiting the order will improve the child’s environment. Some considerations include:
Stability of the child’s existing routine: Courts value consistency, so they’ll ask if moving the child or altering schedules might create unnecessary upheaval. If a change introduces turmoil with little benefit, a judge may hesitate to approve it.
Relationships with siblings or stepfamily: When a child has strong bonds with siblings or a new blended family, a court might be cautious about disrupting those connections. The judge wants to maintain healthy family ties if possible.
Parental willingness to cooperate: A parent who fosters communication and respects the other parent’s role often appears more favorably than one who blocks contact. Courts pay attention to how well each parent supports (or undermines) the child’s relationship with the other parent.
Child’s mental and physical health: If a child’s medical or psychological needs aren’t being met under the current order, that can support a case for modification. This might involve therapy recommendations or educational requirements.
Any history of abuse: Courts prioritize the child’s safety. Substantiated evidence of violence, neglect, or abuse can result in significant changes to custody or visitation rights.
Child’s personal preference: Older children with a specific reason for wanting a different living arrangement can influence a judge’s view. However, courts may also weigh whether the child’s preference is driven by healthy reasons or short-term emotional reactions.
These factors don’t work in isolation. A judge will take a holistic view, combining them to see what arrangement fosters the best environment for the child.
Steps to Seeking a Modification
When you’re ready to request a custody change, the process in Kansas typically follows specific steps. Because each county may have slight differences in filing procedures, parents should check local rules or ask a professional for guidance. Still, there’s a general roadmap:
File a motion for modification: This official form outlines why you believe the current plan no longer works and which changes you want.
Notify the other parent: They must receive notice of your filing and a chance to respond. If they agree with your proposal, the process can move faster. Disputes may lead to hearings or mediation.
Gather supporting evidence: Medical records, report cards, or statements from reliable adults can support your claim. This evidence should show how circumstances have shifted and why the child would benefit from a new arrangement.
Attend mediation or hearings: A judge might refer you to mediation first, aiming to see if both parents can settle out of court. If that fails, a judge holds a hearing where each side presents arguments and documentation.
Receive a court order: If the judge approves your request, the new plan replaces the old one. If not, you may need to wait or present additional proof later if circumstances become more compelling.
Since court decisions can have long-lasting impacts on children’s lives, each phase can be intense. Parents who treat the process thoughtfully and stay focused on the child’s needs often have an easier time discussing solutions.
Potential Pitfalls
Another hazard is failing to comply with the current order while you’re seeking a modification. Ignoring that order can undermine your credibility. If you genuinely believe a new custody schedule or arrangement is necessary, here are some key mistakes to avoid so that you can present a stronger case:
Filing too soon after the original order: Unless something drastic changes, courts prefer stability. Regular disputes about minor shifts might suggest you’re not acting in good faith.
Violating the existing custody arrangement: Refusing visitation or making unilateral changes can hurt your modification request. The judge may interpret these actions as disrespectful to the court process.
Using a child as leverage: Family law discourages parents from pressuring a child to speak against the other parent. Such tactics can cause emotional harm and might negatively affect your credibility.
Forgetting the child’s perspective: A modification should improve the child’s life, not serve as retaliation against an ex. Always align your requests with what helps the child thrive.
While it’s tempting to file for modification whenever a problem surfaces, repeatedly bringing the matter to court without solid grounds can backfire. Judges may view excessive filings as disruptive, especially if they appear driven by personal conflicts rather than genuine concerns.
Contact Experienced Family Law Attorneys
Joseph A. DeWoskin, P.C. serves families in Johnson County, Leavenworth County, and Wyandotte County in Kansas. The firm also serves clients in Jackson County, Cass County, Clay County, and Platte County in Missouri.
There may be multiple approaches to adjusting an existing custody order, and understanding how courts view changes could help you choose the most suitable path for you and your child. If you’re considering a child custody modification, reach out today.