When a parent seeks to have the custody order changed, it is his/her burden to show the court why it should be changed. The court follows the notion of, "if it isn't broke, don't fix it." This is based on the idea that stability is best for the child unless you can show that there is something in the environment that will harm the well being of the child. This is not as simple as it may seem. You will have to show that your home will be better than the home of the custodial parent (not just as good).  To do this you must show that there has been a substantial change in circumstances and that it is in the child's best interests to make the change you are proposing. If the two homes are thought to be equal, then custody will stay as it is. Remember, a temporary or "pendente lite" custody order is not a final order. You would not be required to show a substantial change in circumstances to have temporary custody changed in the "permanent" custody order.

A child at least 16 years of age can seek a change in custody on his/her own. However, it will be the minor's burden to prove that a change of custody would be in his/her best interests at this time.

The court that made the original custody and visitation order retains jurisdiction to decide modification unless the parties and child no longer have close ties to the court and the court surrenders its jurisdiction. However, the court with original jurisdiction may refuse to hear the custody case if a child has been wrongfully taken from another state or taken without the consent of the person entitled to custody.