A Nassau County modify child custody attorney can help you put together the necessary paperwork to illustrate to the courts that there has been a significant and continuing change in circumstances that should warrant an evaluation of custody. A modify child custody lawyer in Nassau County may be the only person who can assist you in showing to the court that there has indeed been a significant enough of a change to warrant insight.
Custody gives a parent, both parents or another person responsibility of a child's upbringing and care. Visitation is court ordered when one parent is granted sole custody so that the other parent can see the children. Both parents have the ability to ask the court for modification in a visitation or a custody order.
In order to do this and to weed out those people who are continuing legal interaction long past the point that it is necessary, the court puts up a bar of requiring that substantial changes in circumstances has occurred since the original order or the date of the most recent order. You must allow some time to pass before contacting a Nassau County modify child custody lawyer. Although visitation and custody are separate issues, the court usually rules on both in one hearing. There presumption is that the child’s best interest is served by having a relationship with both parents after divorce or after separation. The courts will allow the noncustodial parent to visit and spend time with the children, unless there is reason to deny visitation.
Typically, parents decide on visitation. If they are able to come up with this on their own, that can be presented to the judge in order to be signed. Some parents, however, may not be able to come to an agreement on their own and in these cases a hearing is held in order to determine a visitation schedule. This is different from the process for modifying child support.
If you believe that significant circumstances have changed, such that the current visitation and custody order is no longer in the best interest of the child, you should share this information directly with a knowledgeable modify child custody attorney in Nassau County. Your lawyer can help you gather the evidence to show to the court that a substantial chain of circumstances has occurred that means that you should be able to get the support of a judge's insight to identify how to update the child custody arrangements.
There may be numerous court proceedings that need to be scheduled and you can expect that the other side may fight back. The court only grants modification of child custody based on an order in which there has been a change in the child's or parent's life since the original custody order was signed. These reasons include a relocation, changes in a child's health or a change in financial status or in situations in which the child has requested the order themselves and is above aged 12 or when the child is abused, neglected or abandoned. Furthermore, when the court grants a certain parent visitation rights or custody and the other parent does not comply, a post-divorce modification order can be filed by the other parent who can also request sanctions levied by a judge to require the other parent to comply with the rules. When a custodial parent hinders with a non-custodial parent's visitation, petition for the visitation order’s enforcement may be requested.