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 Kansas, either parent has the right to file a petition to modify a child custody order. However, the court will only consider such a petition if there is a substantial change in circumstances that affects the welfare of the child. This could include significant changes in the life of either parent or the child. The standard for what constitutes a substantial change is determined by Kansas law and the interpretation of the courts. Typically, the petition to modify custody must be filed in the same court where the original divorce and custody orders were issued. If the child has since moved to a different county or state, the petition may need to be filed in the jurisdiction where the child currently resides. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) may also come into play if the child has moved across state lines, as it governs the appropriate jurisdiction for child custody matters.