Can I change custody?

After a Final judgment is entered a party seeking to change the custody or parenting plan must plead and prove both of the following: 1) that a substantial change in circumstances has occurred that was not anticipated at the time the Final judgment was entered and 2) Whether the child's welfare will be promoted by a change in custody. The party seeking modification has the extraordinary burden of proving both. The court in Ragle v. Ragle 36 FLW D1790 reiterated several prior court holdings finding that a failure of the parents to communicate or get along is NOT a substantial change in circumstances. Without meeting this burden n the court cannot entertain the second prong of the "extraordinary burden test."