In order to be granted a modification of custody, you must be able to prove to the court that there has been a substantial change in circumstances which will significantly affect the child’s stability. Things that qualify as substantial changes in circumstance include geographical moves that would impact a child’s stability and changes in lifestyle (such as substance abuse or neglect). Either the custodial or the non custodial parent can file for modification of custody if they can prove it is in the best interest of the child. Proof of a substantial change in circumstance is not, however, required in requests for temporary modifications.
