Defendant. MOTION TO MODIFY CHILD CUSTODY. Modification of Child Custody or Visitation.This basic motion is designed to assist individuals who want to modify an existing custody or visitation order. This free program will help you fill out the petition that you will need to file in Family Court. To change a permanent custody order, a parent or guardian who is a party to the custody arrangement must file a Motion to Modify. It means that the child custody order is a temporary, as opposed to a permanent and final, order of the court. Can you provide any additional details or specific instances of how the other parent has been in contempt of the temporary custody order? The statutes and caselaw do not preclude a temporary custody hearing after a motion to modify a permanent custody order has been filed. A temporary order may be modified at any time based upon what the court determines to be in the minor child's best interests. You do not need to prove a substantial change in circumstances to change the order in a subsequent hearing.