How can an order of custody, residency or parenting time be changed?
A judge can change an order of custody, residency, or parenting time if you can show that the significant circumstances have changed from when the order was issued.1 The judge may change the order if s/he believes it is in the best interest of the child. One example of a “change in circumstances” might be when the other parent violates your current custody order or tries to interfere with your rights to see your child. One thing you can request as part of a modification petition is to ask that court to change the order by making the exchange of the children at a child exchange and visitation center.2 This may be something to consider if domestic violence has occurred during the pick-ups or drop-offs of the children.
To get a custody or residency order changed, you may need to file a “motion to modify a final order pertaining to child custody or residential placement.” In this motion (legal papers), the will be a place for you to explain how your circumstances have changed. If a judge finds that your request for a change in your custody order is reasonable, s/he should grant a hearing. At the end of this hearing, a judge may decide to either change your custody order or keep it the way that it was.
For more information on filing for change in custody, we recommend contacting a lawyer. Please see our KS Finding a Lawyer page for legal help in your area.
1 K.S.A. § 23-3218(a)
2 K.S.A. § 23-3221