Modifying Child Custody in New York
Protecting the Rights of Clients for 40+ Years
One of the most difficult post-divorce matters to deal with is child custody
modification. Oftentimes, when a
contested divorce turns into a heated child custody battle, the family court will decide
on the family's behalf who will be given custody of the children based
on several different factors. From this point, the other spouse may or
may not be expected to pay
child support. If for any reason this person is no longer able to care for their children,
the custody agreement must be altered with the help of a New York divorce lawyer.
Reasons for Seeking a Change of Custody
If, for one reason or another, your current child custody arrangement is
no longer working, it is your right to petition the court for a modification.
In order to do so, however, the change must be in your child’s best
interests, and you must be able to show that substantial change has taken place.
Common reasons for seeking a modification of child custody include:
- One parent is battling a substance abuse problem
- One parent has committed acts of domestic violence
- One parent’s home environment has become unstable
- One parent has developed a serious medical condition
- One parent is interested in moving away with the child
- The child (over 12 years old) is requesting a change
- One parent has abandoned or neglected the child
No matter what is currently taking place, it is important to have a child
custody attorney review your case to determine if your custody agreement
should be modified. By bringing this issue to light in regards to your
ex-spouse and your children, you will be putting your children into safer hands.
What constitutes a substantial change in circumstances?
As previously mentioned, it is unlikely that the court would grant your
request for a change in custody unless you could show that you or the
other parent has experienced a substantial change in circumstances that
has profoundly affected the efficacy of the original
divorce agreement. Some of these “substantial changes” could include
remarriage, job loss, criminal conduct or a change in lifestyle. The judge
may also be willing to hear requests from children over the age of 12
who want to spend more time with one parent.
What if my ex-spouse is trying to limit my visitation rights?
At Eiges & Orgel, PLLC, we represent parents on both sides of the aisle.
Whether you need help petitioning the court for a modification or you
need to protect your child custody or
visitation rights, you can turn to our child custody lawyers in New York City for
aggressive representation. We understand just how important it is for
you to spend time with your children, and we will do everything in our
power to ensure that you can continue to do so.
Contact our office for a no-cost, comprehensive case evaluation.
Do I have to go to court to modify a custody arrangement?
If you and the other parent have mutually agreed that a change in custody
is necessary, you can work out a new arrangement without having to modify
the existing order. While this may be a useful, short-term solution, it
is important to understand that there are downsides to creating an informal
custody arrangement. If the other parent eventually decides that they
would like to revert back to the original schedule, you would have no
legal standing to prohibit them from doing otherwise.
For this reason, it may be in your best interest to seek a
child custody modification through more formal channels. Once a judge has signed off
on the new agreement, this order will be legally binding. This means that
you would have the right to enforce the terms of that order if the other
parent fails to abide by the new terms of your arrangement. Again, you
are not required to go through the courts if you and the other parent
have made a mutually amenable decision, but it is the best way to safeguard
Learn More about Your Options Today: (347) 848-1850
At Eiges & Orgel, PLLC, our legal team truly understands how difficult
it can be to know that your children may be in danger or living at a different
standard than you had intended for them. Our family law firm has many
decades of experience in helping families throughout New York achieve
the results that they not only want for their case, but that they need
to keep their children safe. Your safety and well-being will be our top
priority when you come to Eiges & Orgel, PLLC for help. Don't
wait to set up your no-cost case evaluation.
Don't hesitate to contact a New York child custody attorney at our
firm. We can determine if you are eligible for a child custody modification during a
no-cost, comprehensive case evaluation.