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Modification of Child Custody in New York
A Law Firm Vigorously Advocating For You And Your Children
If you are a parent about to go through a divorce, you are likely more than a little worried about how the divorce will impact your kids and the time you get to spend with them. Child custody is a major concern in most divorces. When you hire our law firm, it will be among our highest priorities as well.
Below is some information about child custody laws and practices in New York, which will hopefully make it easier to envision how the process will go.
A Negotiated Agreement Gives You More Control
You know your children better than a judge does. If you and your spouse/co-parent can negotiate peacefully with one another, you can draft the details of your time-sharing agreement together. If it doesn’t violate law or policy, a judge is likely to approve it. Drafting it with your co-parent gives both of you more control over the details and the outcome of the order. The agreement can include not just the time-sharing schedule, but also the allocation of parental responsibility over significant aspects of your child’s life such as education, health care and exposure to religion.
In the aftermath of a divorce, the agreement between two spouses that deals with child custody and visitation can be modified, if so decided by both parties. This decision to modify custody terms can be made without the court’s approval. However, if one parent reneges on the modification agreement, then the other cannot enforce it unless backed by the formal decision of the court. That is why it is advisable to obtain the blessing of the court before entering into any agreements that address the specifics of child custody.
If you are seeking to settle a matter related to the modification of your child custody terms, it is recommended that you consult a Long Island family law attorney at Wisselman Harounian Family Law. With nearly five decades in business, having helped thousands of clients just like you, we provide high-quality service in family law and divorce cases of all types.
This service includes close personal attention for each one of our clients throughout their legal proceedings, and our team working towards resolutions that serve the clients’ best interests and the best interests of their family. We are available to assist you in your custody modification case by being persistent and dedicated in seeking an outcome that is desired by you.
What Can You Expect From A Court Ruling?
If you cannot negotiate a workable agreement with your spouse, your case will go before a judge. Each case is unique and will be determined on its own merits, and the final decision must be based on the best interests of the child or children. That being said, it is generally a good idea to set your expectations based on the outcomes that are most common in New York parenting plans.
New York judges want children to have regular and continuing contact with both parents, unless there are compelling reasons to deviate from that. If both parents are fit, an equitable time-sharing agreement is likely the goal. Note that equitable doesn’t always mean perfectly equal. The specifics of when children are with each parent will depend on overall family circumstances, the age of the children, parental work schedules and other factors.
Court Orders Can Be Modified In Time
Your custody agreement, once finalized, is both legally binding and enforceable. But circumstances change over time. When they change significantly, you may be able to petition the court for a change in the order.
Family Law Attorney in Long Island
In most cases, a child custody modification will only be granted if the requesting parent can prove a “substantial change in circumstances.” Such changes can include:
- Geographic Relocation – If the custodial parent is planning a move that will significantly impact their child’s life, this may be considered a change in circumstance that warrants a custody or visitation modification.
- Change in Lifestyle – Custody modifications can be obtained if a parent’s lifestyle change is deemed to be potentially threatening or harming to the child. This can include taking a job that necessitates leaving the child home at night, or the parent beginning to drink heavily or take drugs.
Since our establishment in 1976, our firm has remained devoted to practicing the various disciplines of family law. We are considered a leading New York family law firm due to our remarkable record of legal victories both in and out of court. Our attorneys are focused on providing incomparable legal services, and consistently represent our clients with both integrity and ingenuity.
Our ambition is to help our clients make positive life changes. We can help you protect your relationship with your child by negotiating a fair child custody modification.
Contact a Nassau and Suffolk County family lawyer if you need professional legal help with modifying a custody order.
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