Yes, child custody can be modified, but it will only be modified upon a court first finding that a material change in circumstance affecting the welfare of the child has occurred. Then, the court must further find that the proposed modifications are in the best interest of the child. We always explain to our clients that a material change in circumstance is a high standard and you cannot simply seek a change in custody any time you don’t like what the other parent is doing. It is often a bitter pill to swallow, but the courts are overwhelmed with custody cases and if the standard for changing custody were any lower, the courts would be overrun. Numerous factors will be considered in determining whether a material change of circumstance has occurred, however, these factors must have arisen after the date of the initial custody award. The continuing fitness of a parent will always be considered, and improvements, not just declines, in fitness are relevant.