How to Modify Time Sharing

Time sharing can be changed based on a material and substantial change in circumstances that impact on the best interests of the child. This means that anything could potentially justify a change in time sharing. Changes involving the children themselves, such as their maturity, their special educational needs, and any of a myriad of changes that might exist as to them, positive changes in the circumstances of the non-custodial parent, such as remarriage and the creation of a stable home environment, increased ability to provide emotional and financial support for the children, and other such changes and/or negative changes in the primary physical custodian’s home may all qualify as changes in circumstances that would cause the court to reconsider the existing timesharing arrangement.

An additional consideration that may impact on your decision may be based on what transpired in prior court orders. Assess what sort of changes have occurred since the last order where time sharing was determined. A motion to modify time sharing may be filed by a party at any time after an initial child custody determination. A successful motion will be filed only if the person seeking the change in child custody can demonstrate to the court that there has been a change in circumstances since the court’s last determination or order and that those changes warrant a change in custody because such a change is in the child’s best interests. This requires a process of filing a motion, conducting discovery and undergoing a hearing.

To learn more about changing time sharing contact our child custody experts at or call us at 505-880-8737.