How to Change a Child Custody or Support Order
Custody and support orders are not permanent. Children grow, jobs change, parents move. But an order stays in force until a court changes it, so the way to change it is through the court, not a side agreement.
When a court will change an order
Most states require a substantial change in circumstances since the last order. Common examples:
For child support - A significant drop or rise in either parent's income. - A change in the parenting schedule that shifts how much time the child spends with each parent. - New costs for the child, such as medical needs or child care.
Some states set a threshold, such as a change that would move the support amount by a certain percentage, or allow a review every few years regardless.
For custody and parenting time - A parent plans to move a significant distance. - The child's needs have changed, or an older child has a strong preference. - One parent is not following the current schedule. - Concerns about the child's safety or well-being in one home.
For custody, the court decides based on the best interests of the child. See how child custody is decided.
How the process works
- Try to agree. If both parents agree, you can submit a written agreement to the court to make it an official order.
- File a petition or motion to modify in the court that issued the order, explaining what changed.
- Serve the other parent with the papers.
- Exchange financial information for support cases.
- Mediation, which many courts require for custody disputes.
- Hearing, where a judge decides if you cannot agree.
Mistakes to avoid
- Do not just stop paying or pay less because your income dropped. Support usually can only be changed from the date you file, so file as soon as your situation changes.
- Do not change the schedule informally and assume it counts. Without a court order, the old order still controls.
- Keep paying and following the order while the request is pending.
See also how child support is calculated.
Find a family law attorney near you.
This guide is general information, not legal advice. Family law rules vary by state.