Modification of a Custody Order

A Motion to Modify Child Custody is the pleading filed with the Court to make changes to your custody plan while also ensuring that the best interests of the child or children remain at the center of the decision-making process. While it is possible to come to an informal agreement, hiring an attorney may help ensure that there are adequate reasons for the filing of the request to modify and that the proper evidence is submitted to support the request. 

Changes to the schedule of parenting time may be anticipated as a child or children grow, go to school, and/or engage in more extra-curricular activities. Some changes are sought to make the parenting plan more workable or to address new concerns for the child’s welfare.

Missouri courts grant modifications of child custody when parents can prove that the changes are in the child or children’s best interest, not merely a desire to make changes.

First, to support a request to change child custody, the parent must show that circumstances have changed since the original order.

Second, the parent must prove that under the new circumstances, the original order no longer reflects the best interests of the child.

By law, a change of custody requires specific findings that consider more than the wishes of the parent and the child, the Court considers several factors. All custody decisions must be in the child or children’s best interests and fulfill their need for meaningful, continuing, and frequent relationships with both of their parents. Any changes must take into account a child or children’s adjustment to changes to their home, school, and community. They should also consider the mental and physical health of both parents and the child or children. Lastly, the child or children’s wishes may also be taken into account.

For parents who have a good co-parenting situation, it may be easiest to make minor adjustments in custody in an informal agreement. Once the agreement is made, the parents can submit a proposed stipulated (agreed-to) order to modify with the Court for approval without the necessity for a formal hearing. 

For parents who cannot reach such an agreement or who do not have a good co-parenting situation, it is usually necessary to file a motion to modify child custody with the Court. 

In either of these above instances, any parent who has concerns about their arrangement should seek advice from an attorney who can help guide them through the requirements of a custody modification.