Modifying a Custody Order Due to a Protection Order
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 16, 2026
Legal Inquiry
Consumer Legal Issue
I want to modify my custody plan.
No legal action taken. No upcoming court dates.
Attorney Answer
Getting your custody modification moving starts with showing a Kansas court that circumstances have materially changed since your last order — and a protection order combined with documented safety concerns can support that showing.
Under Kansas Statutes Annotated § 23-3218, a parent seeking to modify an existing custody, residency, visitation, or parenting time order must demonstrate a material change in circumstances since the prior order was entered. A Protection from Abuse (PFA) order, paired with other documented safety concerns, can be evidence of that kind of change, though whether it's sufficient here depends on facts not yet reviewed by an attorney.
Based on what's been shared, there is no custody case or hearing currently pending, and it doesn't appear an attorney has been consulted yet — both worth addressing before assuming any particular outcome.
What you can do:
1. Gather the PFA order itself, along with any police reports or other safety documentation.
2. Consult a Kansas family law attorney now to evaluate these specific facts and confirm what the court will require.
3. File — or have your attorney file — a motion to modify custody or parenting time in the same court that issued your existing order.
4. Be ready to explain specifically how circumstances have changed materially since that order was entered.
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Frequently Asked Questions
What must a parent show to modify an existing custody order?
In many states, a parent must first demonstrate a material change in circumstances since the last order before a court will consider modifying custody.
Can a protection order support a request to modify custody?
Generally, yes — a protection order combined with other documented safety concerns can serve as evidence of changed circumstances, though a court still weighs the full record.
Do I need a pending court case to request a custody modification?
No, generally a parent can file a motion to modify custody in the court that issued the original order even without an existing hearing scheduled.
