Sometimes, the parenting plan that was ordered by the court in a prior proceeding no longer works for the parties. Missouri and Kansas law requires that there be a change in circumstances before a court modifies an existing order.
Missouri
Under Missouri law, a court may modify an existing order if “a change has occurred in the circumstances of the child and that the modification is necessary to serve the best interests of the child.” However, the type of custody modification determines what level of change in circumstances is required. If the change is simply a change in parenting time, then the change in circumstances does not need to be substantial. If the change is a “drastic change in custody”, such as a change from joint custody to sole custody, then the court must find that the change in circumstances is substantial.
Regardless of the type of modification sought, the court will always analyze the change through the lens of the best interests of the child.
Kansas
To modify custody, residency, or parenting time in Kansas, the party seeking modification must demonstrate a “material change in circumstances after the original custody order.” This means that there is a situational change in the child’s life or surroundings or events that require a reexamination of the current parenting plan. The court has broad discretion and will make the determination based on what would serve the best interests of the child.
If you have a parenting time or custody order that is no longer working well for your children, you should consult a family law attorney to help determine if modification is an option for you.
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