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What if my custody order isn't working?

If your custody order is not working, there's something you can do about that, and it's asking the courts to change that order through the process of modification. In order to modify your prior order, you need to show that some huge change in circumstances has taken place since the prior order. Alternatively, if three years have passed, then it's kind of presumed that lives have moved and changed and that things have justifiably required a new order in place. Generally, courts don't love changing orders that are a year old or younger. However, if you can show that a change has occurred, maybe the other spouse has not exercised any of their visitation, then the court can grant your requested change.

You do also need to show the court that what you're asking for as a change is in your child's best interest, and then the court can consider the circumstances of the parties as they are today versus when they were when the order was made, and what is actually best for your child.