Custody can be modified at any time during the period in which a child is a minor and that is 18 years or under. So
there’s two different types of custody that would be determined by a court and initially there will be legal or physical custody. And so when you’re talking in terms of modifying custody,
the issue will be the court are you modifying legal custody or are you modifying physical custody? And legal
custody is a party’s ability to make decisions regarding education, health,
and welfare of the minor child. So modification of legal custody can occur at any time and modification of physical
custody can occur at any time. If the party is requesting a modification of
custody, whether it be legal or physical, and it is before a judgment has been entered. So before there are final orders, then the burden of proof,
the standard the court would evaluate is different than what it would be if it were after a judgment was entered or permanent final custody orders.