Even after parents divorce and a custody order has been issued by the court, situations arise which necessitate one party to seek modification of the prior order. Sometimes one or both parties have experienced significant changes of circumstances, while others may have a change in work schedule or a planned move that necessitates such a change.
In order to obtain a modification, the parent seeking it must be able to prove to the judge one of several things. Obviously, if the parties agree to the requested change and it is in the best interests of the child to do so, the court will grant it. However, in many cases an agreement to a change is not available to the moving party.