Where the commencement of a proceeding has resulted in a child custody determination, it may be necessary for a parent to seek modification.

Similar to initial custody determinations, modifications must also be considered in terms of what is best for the child. However, legal grounds for modification of custody are limited to situations where there is a substantial, material, and unexpected change. In general, any custodial arrangement that causes detriment to a child will serve as ground for modification.

While for many parents modifying custody can be a suitable and effective approach, it is also important to know that modifications can be far more difficult to attain. Consequently, parents are generally much better off in ensuring that initial custody determinations are properly evaluated and/or defended, and that custody orders are properly established. Parents should not assume that they can always go back and fix a problem that should have been addressed in a prior proceeding. In short, early intervention is best.