This toolkit tells you about changing an existing parenting time order. For general information about changing parenting time, read the Articles. Read the Common Questions if you have a specific question. If you want to file a motion to change parenting time, use the Forms link to prepare your forms. The Checklists below have step-by-step instructions for asking the judge to change your parenting time order. Go to Courts & Agencies for information about the court or agency that will handle your case.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
If you want to ask the court to change parenting time, you can use our Do-It-Yourself Motion to Change Parenting Time tool to create the forms you need.
Parenting time can be changed if there is a change in circumstances or proper cause for the judge to reconsider parenting time, and if it is in the best interests of the child to change parenting time.
If you are really trying to change custody instead of parenting time, it will be harder to prove proper cause or a change in circumstances. If you want a significant change in parenting time, you may need to file a motion to change custody instead.
To learn more, go to the I Need to Change Parenting Time toolkit.
If your order has a specific parenting time schedule, the judge must approve a change in the schedule even when the other parent agrees with the change. In this situation, you can ask the judge to sign a proposed order without filing a motion. You can use the Do-It-Yourself Motion to Change Parenting Time tool to create the proposed order you need. There is no court hearing unless the judge requests one.
If your current order is for reasonable parenting time (without a specific schedule) and the other parent agrees to change parenting time, you do not have to file anything with the court. However, you can always file a Motion to Change Parenting Time if you want to get a court order with a specific schedule.
You must serve the motion on the other parent at least nine days before the hearing date, if you serve by mail. You do this by mailing the motion to the other parent at the address listed on your other court documents. If the other parent has a lawyer, you must mail the papers to the lawyer instead.
If you serve the papers by giving them to the other parent in person, you must do this at least seven days before the hearing.
On your remaining copies of the Motion Regarding Parenting Time, complete the certificate of mailing. File two copies at the court clerk’s office. Keep the other copy for your records.