25-411

25-411. Modification of custody decree;
affidavit; contents

A. A person shall not make a motion to modify a custody decree earlier than one
year after its date, unless the court permits it to be made on the basis of affidavits
that there is reason to believe the child's present environment may seriously endanger
the child's physical, mental, moral or emotional health. At any time after a joint
custody order is entered, a parent may petition the court for modification of the order
on the basis of evidence that domestic violence involving a violation of section 13-1201
or 13-1204, spousal abuse or child abuse occurred since the entry of the joint custody
order. Six months after a joint custody order is entered, a parent may petition the
court for modification of the order based on the failure of the other parent to comply
with the provisions of the order. A motion or petition to modify a custody order shall
meet the requirements of this section. Except as otherwise provided in subsection B of
this section, if a custodial parent is a member of the United States armed forces, the
court shall consider the terms of that parent's military family care plan to determine
what is in the child's best interest during the custodial parent's military deployment.

B. For the purposes of a motion to modify a custody decree, the military deployment
of a custodial parent who is a member of the United States armed forces is not a change
in circumstances that materially affects the welfare of the child if the custodial parent
has filed a military family care plan with the court at a previous custody proceeding and
if the military deployment is less than six months.

C. A custody decree or order that a court enters in contemplation of or during the
military deployment of a custodial parent outside of the continental United States shall
specifically reference the deployment and include provisions governing the custody of the
minor child after the deployment ends. Either parent may file a petition with the court
after the deployment ends to modify the decree or order, in compliance with subsection F
of this section. The court shall hold a hearing or conference on the petition within
thirty days after the petition is filed.

D. The court may modify an order granting or denying parenting time rights whenever
modification would serve the best interest of the child, but the court shall not restrict
a parent's parenting time rights unless it finds that the parenting time would endanger
seriously the child's physical, mental, moral or emotional health.

E. If after a custody or parenting time order is in effect one of the parents is
charged with a dangerous crime against children as defined in section 13-705, child
molestation as defined in section 13-1410 or an act of domestic violence as prescribed in
section 13-3601 in which the victim is a minor, the other parent may petition the court
for an expedited hearing. Pending the expedited hearing, the court may suspend parenting
time or change custody ex parte.

F. To modify any type of custody order a person shall submit an affidavit or
verified petition setting forth detailed facts supporting the requested modification and
shall give notice, together with a copy of the affidavit or verified petition, to other
parties to the proceeding, who may file opposing affidavits. The court shall deny the
motion unless it finds that adequate cause for hearing the motion is established by the
pleadings, in which case it shall set a date for hearing on why the requested
modification should not be granted.

G. The court shall assess attorney fees and costs against a party seeking
modification if the court finds that the modification action is vexatious and constitutes
harassment.

H. Subsection F of this section does not apply if the requested relief is for the
modification or clarification of visitation and not for a change of joint custody, joint
legal custody, joint physical custody or sole custody.