Modifying a custody or visitation order

If either party to the custody or visitation order wants to change the order, the party must file an application to modify the order.

The court will only change a custody or physical care order if:

• there has been a substantial change of circumstances since the custody or visitation order,
• the change was not contemplated by the court when the decree was entered,
• the change is more or less permanent, and
• the change relates to the welfare of the child

See Melchiori v. Kooi, 644 N.W.2d 365 (Iowa Ct. App. 2002).

To change to a parenting or visitation schedule, the parent needs to show that:

• there has been a material change in circumstances since the order, and
• the requested change is in the best interests of the child

See In re Marriage of Brown, 778 N.W.2d 47 (Iowa Ct. App. 2009).

This Iowa State Bar Association Ask an Attorney video provides additional information on modifying custody.