Either parent may file a petition to modify a child custody order—but usually only when there is a substantial change in circumstances that affects the child (including changes in one or both of the parents’ lives) that justifies the court revisiting and possibly modifying the earlier child custody order.

The petition to modify child custody generally must be filed in the same court in which the parents’ divorce case was decided. But if the child lives in a different county or state, the courts of the county or state where the child lives may be the proper place to file a petition to modify a child custody order.

In Alabama, either parent has the right to petition the court to modify a child custody order. This can be done if there is a substantial change in circumstances that affects the welfare of the child. Such changes could include alterations in the living situation, financial status, or other significant aspects of one or both parents' lives. The standard for modification is whether the change materially affects the child's best interests. Typically, the petition to modify custody should be filed in the original court that issued the custody order. However, if the child has since moved and now resides in a different county or state, the petition may need to be filed in the court that has jurisdiction over the child's new residence. It's important to note that jurisdictional rules can be complex, especially when they involve different states, and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) may come into play to determine the proper venue. An attorney can provide guidance on where to file such a petition and the likelihood of success based on the specific circumstances.