Child Custody Modification in New York

Even though child custody matters are often settled in a final decree of divorce or some other court order, in reality child custody orders are not at all final. Over the course of time after the initial order, circumstances may change that would call for a change in the custody arrangement. In some cases the parents agree that a change is in order and work out the details privately. In other cases one parent wants a change while the other is satisfied with the status quo. Regardless of what the parents want, ultimately the court will look at what is in the best interests of the child when making a decision on a petition to modify a custody arrangement. If you are concerned about potential changes to your custody arrangement it is important that you contact an experienced New York child custody lawyer who will explain to you your legal options, and who can also help you with other child custody matters such as child support.

In New York, child custody can be sole or joint. If one parent has sole custody, the other parent may be awarded visitation. The amount of visitation depends on a number of factors. In sole custody cases where there is evidence of abuse or neglect on the part of the non-custodial parent, the court may decide not to award the non-custodial visitation or to award supervised visitation.

When making custody and visitation decisions the court will consider a number of different factors to determine the best interests of the child, including:

• Which parent has been the child’s primary caregiver
• The work schedule of each parent
• The home environment of each parent
• The parenting skills of each parent
• The ability of each parent to provide for the child’s special needs, if any
• The mental and physical health of the parents, including whether either parent has a history of alcohol or drug abuse
• Whether there has been domestic violence in the family
• The child’s preference
• The ability or willingness of each parent to encourage a relationship with the other parent
• Where the child’s siblings live

In order to change a custody order, you must ask the court by filing a Petition for Modification of an Order of Custody/Visitation. A court will not disturb a custody arrangement unless there has been a substantial change in circumstances. In New York, common grounds for seeking child custody modification include:

1. Substantial Change in Circumstances: A substantial change in circumstances, like a parent's altered work schedule, relocation, or health issues affecting either parent or the child, can warrant a modification in child custody arrangements. New York courts carefully evaluate these changes to ensure custody decisions align with the child's best interests.
2. Parental Unfitness or Misconduct: Evidence demonstrating that a parent is unfit or engaged in misconduct that compromises the child's safety or well-being.
3. Violation of Existing Order: Repeated violations of the existing custody order, showcasing a parent's unwillingness to adhere to the agreed-upon terms.
4. Child's Preference or Age: As children mature, their preferences in custodial matters become increasingly significant. New York courts take into account a child's evolving wishes and needs, giving weight to their opinions as they grow older. While age alone doesn't determine custody decisions, the court considers a child's ability to comprehend the situation and express their preferences, striving to align custodial arrangements with the child's best interests as they transition through different stages of development.
5. Parental Interference with Visitation: Parental interference with visitation occurs when one parent consistently obstructs or hinders the other parent's court-ordered visitation rights. This interference adversely affects the child's relationship with the non-custodial parent, disrupting opportunities for meaningful bonding and shared experiences. Such actions can include disregarding set visitation schedules, limiting communication between the child and the non-custodial parent, or attempting to alienate the child from the other parent, ultimately undermining the child's best interests and the court-approved visitation arrangements.

While there may a number of factors that a court may consider when deciding whether or not to modify a custody order, ultimately the court will make a decision based on what is in the best interests of the child. If you feel circumstances have changed such that a modification of the custody order is appropriate, discuss the matter with an experienced child custody attorney serving New York.

Note that a hearing on a modification is not automatic. The party requesting a modification must first state reasons supported by evidence that a modification is warranted. For example, in the Matter of Madden v. Cavanaugh, 307 AD2d 266 (N.Y. App. Div., 2003), the father petitioned the court to request a modification of the child custody order. The Family Court dismissed his petition noting that the parent seeking a change in custody is not automatically entitled to a hearing. In order to get a hearing the parent must first make some evidentiary showing that a custody modification is warranted. In this case the court found that the father’s allegations were not sufficient to warrant a hearing to consider a change in custody.

When circumstances change, and the existing child custody arrangement no longer serves the child's best interests, pursuing a modification is essential. Understanding the grounds and legal process for child custody modification in New York is paramount. If you find yourself in need of modifying a child custody order, consult with a skilled child custody attorney serving New York to ensure the best outcome for you and, most importantly, for your child. At Stephen Bilkis & Associates, we are here to provide you with expert legal guidance and representation throughout this crucial process. Contact us today to discuss your case and take the first step toward securing the best future for your child. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Queens, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Suffolk County and Westchester County.