Regaining or Changing Custody

Regaining or changing custody of your child is possible, even though the original judgment regarding custody is considered a "final judgment." If you seek to regain or to change your child's custody arrangement, you will have to meet the heavy burden of showing that substantial and material changes have occurred to justify the change. Courts are reluctant to change custodial arrangements absent extraordinary circumstances in the interest of preserving stability in a child's environment.

Circumstances for Regaining or Changing Custody

There are a good number of reasons why you might seek to regain or to change your child's custody arrangement, but in order to support a change, there has to be a substantial impact on the security and stability of your child's environment, and an effect on your child's development. Common areas in which changes occur are:

• The custodial parent's fitness becomes an issue
• Violation of the terms of a custody decree
• Threats or injury to a child's relationship with the noncustodial parent
• Relocation of the custodial parent
• Remarriage of one or both parents
• Integration of a child into the noncustodial parent's family and home following voluntary relinquishment of the child to the noncustodial parent
• Illness or disability of the custodial parent that impacts the custodial parent's ability to raise and care for the child
• Child abuse or neglect
• Instability in the custodial parent's environment, such as frequent moves or employment and economic instability
• Changes anticipated by the parents as the child matures, with the need or time for review of the custody arrangement reflected in the original custody decree

Laws Concerning Regaining or Changing Custody

There are a number of uniform laws affecting child custody issues that you should be aware of. States pattern their statutes upon these uniform or model acts, so there can be variation in statutes on a topic from state to state. Uniform laws and model acts reflect the mobility of our society, and attempt to provide consistency and the means for courts to handle child custody issues when more than one jurisdiction is involved in a family's situation.

Acts Governing Jurisdiction over Custody Changes

• The Uniform Child Custody Jurisdiction Act (UCCJA)
• The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
• The Parental Kidnapping Prevention Act (PKPA), which is a federal law

An attorney can best determine questions regarding a particular court's jurisdiction if you plan to seek to regain or to change custody. Considerations include which court has the jurisdiction or power to change the original custody order, the rules, procedures, and standards regarding custody changes, and whether there are special circumstances present, such as an emergency need to seek a custody change in a court that would not otherwise have jurisdiction over your case.

Procedures in Pursuing a Custody Change

Procedures and timing need to be examined. Timing is a consideration in seeking a custody change, and some states limit how often you can seek custody changes. Such statutes are modeled upon the Uniform Marriage and Divorce Act (UMDA), which states that generally, you must wait 2 years after the date of a custody decree to seek a change, except when the child is endangered. Note that some states vary this time period. On the other hand, waiting to seek change can be a detriment because a court will be reluctant to remove a child from his established surrounding.

In a hearing on a custody change, the parent seeking a change will have to meet the burden of proof to show the required change of circumstances and that the custody change will serve the best interests of the child. Keep in mind the evidence you'll need to gather, including affidavits of those who can attest to changes in circumstances such as neighbors, teachers, medical providers, and child care providers. A complete development of your case and a complete trial court record will be essential should you later pursue an appeal.

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