Child custody is often one of the most contentious topics for parents going through a separation or divorce. Whether the parents were able to agree on arrangements on their own or a judge issued the decision, child custody can be changed even after the divorce depending on the circumstances. To learn more about your parental rights and legal options, consult with an experienced Suffolk County child custody lawyer today.
Can Child Custody Arrangements Be Changed After the Divorce?
In New York, child custody arrangements can be modified after a divorce, but the decision is left to the discretion of the judge. Custody decisions are made based on what is in the best interest of the child and are often determined by the court as part of the parents’ divorce proceedings.
If you want to modify a custody order you will have to prove that there has been a change in circumstances that justifies the modification. The change must be substantial enough to warrant an alteration of the official order. Examples of reasons a modification may be made include the following.
- One parent plans to move to a new location far enough away that it will impact custody arrangements
- The child’s educational, medical, or emotional needs have significantly changed
- One parent has begun demonstrating dangerous behavior that impacts the child’s well-being like substance abuse, domestic violence, neglect, abandonment, etc.
- One parent has had a substantial change in their work schedule
- The child has requested a change and is old enough and mature enough to express their preference with valid, logical reasoning
The court will not always grant the modification, but if both parents agree or the judge determines the change to be in the child’s best interest, they may approve the adjustment.
How Can I File a Petition?
If you want to modify the child custody order you must file a petition with the court. Many people choose to secure the help of a skilled family lawyer to ensure they are following proper procedure and can create a professional and effective petition. While securing the help of an attorney can be beneficial and is often recommended, it is important to know that you can file the petition on your own with a DIY custody/visitation modification petition.
If you are the child’s parent, the child is not in foster care, only you and the child’s other parent are on the custody order, and the custody order is signed by a New York state judge, you can file the DIY form yourself. On the form, you will be required to provide a copy of the custody order, the name and address of the other parent, the name, address, and birth date of the child, and details of why you are requesting a modification.
To learn more and secure skilled representation when petitioning the court for a custody modification, contact an experienced attorney at Peter V. Mandi & Associates, Inc. today.
