Custody Judgment Modifications Within Two Years

There are clear requirements for petitions for modification of custody judgments within two years of entry of the prior order.  First, the petitioner must establish by affidavits filed with the court that there is reason to believe that the child is seriously endangered by the present custodial environment.  Second, the court must hold an evidentiary hearing on the petition. 

The court cannot modify a prior custody judgment unless the requirements for modification are established by clear and convincing evidence.  The requirements for modification are:

A change has occurred n the circumstances of the child or his custodian;
Modification is necessary to serve the best interests of the child.

The facts comprising the proof must have arisen since the prior judgment or were unknown at the time of the entry of the prior judgment.

Section 610[c] allows the court to assess attorney’s fees against a party who has brought a modification action found to be vexatious and harassing.  This fact deters harassing litigation and promotes stability for the child.

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