When a custody order is first put in place during a divorce or family court proceeding, it reflects the circumstances that existed at that moment in time. But as any parent knows, life rarely stays the same for long. Whether due to a change in a parent’s work schedule, a relocation, a child’s evolving needs, or other major life developments, there may come a point where the original custody arrangement no longer serves the best interests of the child. In this case, parents often wonder if they can modify an existing custody order. Read on and reach out to a seasoned Rochester child custody lawyer from Lacy Katzen LLP to learn more.
When Can a Custody Order Be Modified in New York?
In New York, a custody order can be modified when a parent can show that there has been a substantial change in circumstances since the original order was issued. This requirement is in place to prevent constant disruptions to a child’s routine and to promote stability in the child’s life.
Importantly, not every inconvenience or minor shift in a parent’s or child’s situation will justify reopening a custody case. For example, if a parent gets remarried, that alone may not be enough unless it directly affects the child’s welfare. On the other hand, if a parent is moving to another state, or if the child’s safety is at risk due to a parent’s behavior, those may qualify as substantial changes that the court will consider.
How Do I Request a Custody Modification?
If you believe that a modification is necessary, the first step is to file a petition with the family court that issued your original custody order. This petition needs to clearly state what change you are seeking and explain why you believe it is in your child’s best interest. It is not enough to simply say that the current arrangement is inconvenient. The court will expect to see evidence of how the new circumstances impact the child and why a modification would improve the situation. It’s also important to understand that both parents will have the opportunity to present their side of the story. In some cases, the court may appoint an attorney for the child or order a home study or investigation to help assess what would be best for the child moving forward.
What Factors Will the Court Consider in Deciding Whether to Modify Custody?
The court’s primary concern in any custody matter is always the best interests of the child. Judges consider a wide range of factors when evaluating a modification request. These may include the child’s age, health, and emotional needs, as well as each parent’s ability to provide for the child’s well-being. The court may look at the stability of each parent’s home environment and their willingness to foster a positive relationship between the child and the other parent. In some situations, particularly if the child is older, the court may also take the child’s preferences into account. Every case is unique, and the outcome will depend on the specific facts presented to the judge.
If you are considering seeking a custody modification, or if you’ve been served with a petition for one, it is essential to speak with a knowledgeable family lawyer as soon as possible.
If you have additional questions or require legal assistance, please don’t hesitate to contact Lacy Katzen LLP today.
