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To change your existing custody or visitation order, you must file a petition to modify with the court. Learn here the complete information.A motion to modify custody is a legal document your attorney can file with the court on your behalf. In order to modify child custody in California, a parent must request a court hearing unless the other parent voluntarily agrees to the change. You must file a Motion to Transfer at the same time you file your Petition to Modify the ParentChild Relationship. One or both parents can file a motion to change custody and placement. The court will be likely to accept it if it is in the best interest of the child. Just bear in mind that if the child custody is a part of a court order the parent seeking for it, needs to file a motion for modification of the custody order. One or both parents can file a motion to change custody and placement. The court will be likely to accept it if it is in the best interest of the child.