Rule 50.Petitions for modification
Current through December 29, 2025 · Last verified July 8, 2026
Full Text of Rule 50
Amendment History
[Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005.]
Plain-English Summary
Leave of court is not required to file a petition for modification. The party who wants an order changed can start the process without asking permission first.
The petition must be in writing, specify facts demonstrating good cause for relief, be filed with the circuit clerk and sent to all parties. Within five days of filing, the clerk notifies the family court.
A closed case needs more paperwork to reopen: the petition is filed with three copies of a case information statement and served on all parties — the same package that starts a case under Rule 9.
Within five days of receiving the petition, the family court sends a scheduling order to all parties, so the matter acquires a timetable immediately rather than waiting for a hearing to be requested.
Frequently Asked Questions
Is leave of court needed to seek modification?
No. Leave of court shall not be required for filing a petition for modification.
What must the petition contain?
It must be in writing and specify facts which demonstrate good cause for relief. It is filed with the circuit clerk and sent to all parties.
What extra is required in a closed case?
The petition must be filed with three copies of a case information statement, and served on all parties.
How soon does the court respond?
Within five days of receipt of the petition, the family court sends a scheduling order to all parties. The circuit clerk notifies the family court within five days of filing.
When is the modification hearing held?
Under Rule 21(a), within 45 days of the filing of the petition where the grounds pled warrant a hearing.