Family · Updated Oct 2026
I want to change custody or visitation
A custody or parenting-time order can be changed only by the court, usually when circumstances have changed and the change is in the child's best interests. The case normally stays in the state that made the order or where the child has lived for the last 6 months. If the child is in danger, courts can make emergency orders quickly.
This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case.
Build your plan
Choose your state and answer 3 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. It all happens in your browser. Nothing is sent, and the page address holds only your answers.
Your plan
Do now
If you answered “Yes” to “Is the child in danger right now?”
If the child is in immediate danger, call 911. Ask the court clerk about an emergency custody order the same day.
Why: Courts can act fast when a child is at risk.
If you answered “Yes” to “Is there already a custody or parenting-time order?”
Keep following the current order, even if the other parent doesn't.
Why: Breaking the order yourself can hurt your case and may be contempt.
Don't move the child out of state or keep the child past your time without the other parent's written agreement or a court order.
Why: In many states this can be custodial interference, which may be a crime.
Nothing extra here for your answers.
This week
Write down what changed: dates, missed visits, school or health problems, messages. Keep it factual.
Why: The court decides based on the child's best interests and evidence of changed circumstances.
If you answered “Yes” to “Is there already a custody or parenting-time order?”
Get the modification or enforcement forms from your state court's self-help center; file in the court that made the order unless told otherwise.
Why: The court that made the order usually keeps the case.
If you answered “No” to “Is there already a custody or parenting-time order?”
If there's no order yet, file a custody (parenting) case; if you weren't married, paternity may need to be established first.
Why: Without an order, police and schools can't enforce a schedule.
If you answered “Move away with the child” to “What do you need?”
Check your state's relocation notice rules before any move.
Why: Many states require written notice to the other parent or court approval.
Nothing extra here for your answers.
If it's not resolved
Go to mediation or parenting classes if the court orders them.
Why: Many courts require mediation before a custody hearing.
If the schedule changes, ask whether child support should be reviewed too.
Why: Support often depends on parenting time.
If you answered “Make the other parent follow the order” to “What do you need?”
If the other parent keeps violating the order, ask the court for enforcement or contempt.
Why: Judges can order make-up time, fines or other remedies.
Nothing extra here for your answers.
Deadlines
Which state can hear the case
General rule: Usually the state that made the order keeps the case; for a first case, usually the child's 'home state' (where the child lived with a parent for the 6 months before filing). This comes from the UCCJEA, adopted by most states (example: Tex. Fam. Code 152.102(7), 152.202)
Notice before moving with the child
General rule: check your state; many states require written notice or court permission
Documents to gather
- Current custody / parenting order
- Your log of visits, missed exchanges and incidents
- Texts and emails with the other parent
- School and medical records
- Police reports or protective orders
- Proof of your work schedule and home situation
Where to go
- LocalCourt that issued the current order (family court clerk)
File to modify or enforce
- StateYour state court's family law self-help center
Forms and instructions
- StateState Access and Visitation (parenting time) programs
Free or low-cost mediation, supervised visits, parenting plans
- FederalNational Domestic Violence Hotline
If there is abuse
Costs
Filing a motion usually has a fee that can be waived if you can't afford it. Mediation may be free through the court or charged on a sliding scale. Custody evaluations and lawyers can be expensive.
Talk to a lawyer if
- There is abuse, drug use or neglect
- The other parent has a lawyer
- You want to move far away with the child
- The other parent took the child to another state or country
- A custody evaluation or guardian ad litem is ordered
Free help
Free legal aid for people with low income: find your local office through the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/i-need-legal-help), LawHelp.org (lawhelp.org) or USA.gov (usa.gov/legal-aid). Most state courts run a free self-help center (often called Family Law Facilitator or Self-Help Center) at the courthouse or online; ask the court clerk. Many state bar associations run a lawyer referral service with low-cost first consultations.
Questions
What is the which state can hear the case?
Usually the state that made the order keeps the case; for a first case, usually the child's 'home state' (where the child lived with a parent for the 6 months before filing). This comes from the UCCJEA, adopted by most states (example: Tex. Fam. Code 152.102(7), 152.202)
What is the notice before moving with the child?
check your state; many states require written notice or court permission
When should I talk to a lawyer?
There is abuse, drug use or neglect; The other parent has a lawyer; You want to move far away with the child; The other parent took the child to another state or country; A custody evaluation or guardian ad litem is ordered.
How much does it cost?
Filing a motion usually has a fee that can be waived if you can't afford it. Mediation may be free through the court or charged on a sliding scale. Custody evaluations and lawyers can be expensive.
Plans by state
This plan is the same in every state. Each state's RobinClaim page lists its courts, agencies and deadlines:
Sources
- ACF/OCSS: State and federal Access and Visitation program contacts
- ACF/OCSS: How child support works
- National Domestic Violence Hotline
- Legal Services Corporation: I need legal help
- Tex. Fam. Code ch. 152 (UCCJEA example: home state 152.102(7), continuing jurisdiction 152.202)
Plan checked Oct 2026. Independently fact-checked 2026-10-24. Some details could not be fully verified; see the notes in each section.
This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.