A Complaint to Modify Custody can be brought at any time, however in order for it to be successful there must be showing of both a material change in circumstances and that modification is in the best interest of the child. It should be thought of as a two-step process.

First, the petitioning party must prove that a material change in circumstances has occurred since the time in which the previous custody award was granted. Then, the court will consider whether or not a modification of custody is in the best interest of the child.