A change of child custody is, in effect, a change to the divorce arrangements. But when parents sign a divorce agreement, no decision they make about the best interests of their minor children is ever final. It remains open to change if and when there is a material change in circumstances, which is why decisions on child custody and child support are never final and can always be revisited.
When both parents agree to the change, there is no problem. But when a dispute arises, one parent requesting a change and the other opposing it, the matter comes before the court. The court will approve a change of child custody only when it is convinced the change will not harm the children and will, on the contrary, protect the child’s best interests.
So what is child custody, when can you apply to change it, and what position will the court take? For answers to all of these questions and more, we turned to a divorce lawyer in Jerusalem who focuses on family matters. Here are the answers.
What does a change of child custody mean?
In many divorce cases, child custody is one of the main and hardest issues separating couples face. There are two custody arrangements: joint custody and sole custody. In joint custody, responsibility for raising the children and for daily life is divided equally between the parents, with the children spending part of the time with the mother and part with the father. In sole custody, one parent is designated the custodial parent; the children live with that parent, who is responsible for their daily care, while the other parent receives parenting time. Whether joint or sole custody was set, it is always possible to apply to change child custody.
What is the court’s position on changing child custody?
Even after a divorce agreement is signed between the parents, the Family Court in Jerusalem, Tel Aviv, or anywhere else has the authority to order a change of child custody at the request of one of the parents or at the request of the welfare officer.
The court will consider a request to change custody only where there has been a significant change in circumstances that may affect the child’s best interests. In every case, the court weighs whether the benefit to the child outweighs the harm that disrupting his routine may cause him.
What counts as a material change justifying a custody change?
Neglect of the children
When one parent neglects the children, fails to care for them or attend to their needs, or is physically or verbally violent toward them.
Incitement against the other parent
When one parent systematically incites the children against the other parent, the court will treat this as a reason to change child custody.
Violation of parenting time
When one parent fails to honor the visitation arrangements, or frustrates them and prevents the other parent from seeing the children, the court may treat this behavior as grounds for changing child custody.
Inability to function
When one parent is unable to function, due to illness for example, the best interests of the child remain before the court, and it may order a change of custody in such a case as well.
Does the child’s own position affect a custody change?
One common question, the lawyer explains, is whether the child’s opinion can lead to a change in the custody arrangement, and when the court will consider the child’s opinion after one parent applies to change custody.
The court will listen to the child’s opinion only when satisfied that the child is mature enough, aware of his situation, and able to express his wishes clearly. It will examine whether the child is speaking sincerely and of his own free choice, or has been coached by one of the parents.
The court will request an opinion from a social worker or psychologist in the court’s assistance unit. The psychologist and social worker will speak with the child and form an impression of his maturity and of whether the wish he expressed to them is genuinely his own.
Based on that opinion and on the material submitted to the court by the parents’ attorneys, the court will decide whether to leave the arrangement in place or approve the request to change child custody.
When the circumstances are substantial and justified, you can apply to change child custody
Child custody is a sensitive matter, vital to the children’s proper upbringing, which is why the legislature allows a request to change custody even after the divorce agreement is signed, and even years later. When it hears such a request, the court will examine whether the grounds behind it are substantial and genuinely call for a change of custody.
* Updated for 2026
