To seek a divorce modification in New York, a party must file a petition with the court. There is no form for a motion to modify custody.You will need to file a motion to modify custody in Wake County, NC. The Court must first find that there has been a significant change of circumstances. You would need to type an amendment document that states the replacement language, referencing the paragraph in the separation agreement that is being modified. Yes. It is nearly always the case that custody agreements can be modified. Modification and Enforcement of orders for child custody, child support, post-separation support, or alimony are quite common. There is more to filing for divorce than filling out the necessary forms. Your lawyer can draw up an agreement to this effect and include a requirement that your spouse will vacate the residence within a certain timeframe. Representing yourself in Wake County, NC? You have to show up.