When two parents separate or divorce, a custody arrangement is created outlining each individual’s rights and responsibilities regarding the child. However, life changes, and a plan that once made sense may no longer be reasonable or fair as time passes. If your custody agreement no longer works, you may be wondering whether it is possible to modify the terms, and whether you can do so without going to court. To learn more about your legal rights and options, continue reading and consult with an experienced Suffolk County child custody lawyer for more information today.
Why Would Someone Modify a Custody Agreement?
You cannot change the terms of a custody agreement at the drop of a hat, and New York courts do not take modifications lightly. To request a change, you must show a substantial change in circumstances that occurred after the original order was issued. There must have been a serious and material change in either your situation, your child’s situation, or the other parent’s situation.
Common examples of why a modification may be necessary include:
- Either parent relocating
- Changes in work hours or employment
- Substance abuse issues or criminal behavior on the part of either parent
- The development of an illness or disability
- Repeated violations of the custody order
- The child’s changing needs
If a change in circumstances is significant enough, a court may approve a modification to the custody arrangement.
Is it Possible to Modify a Custody Agreement Without Going to Court in NY?
Yes, it is possible to modify a custody agreement in New York without going to court. However, your ability to do so will depend on the specific circumstances of your situation. In general, the only way you can have a modification approved without attending a hearing is if both you and your child’s other parent agree to the changes.
You can work with the other parent to create a new custody arrangement that better suits your needs and explain the exact changes you would like to make, as well as the reasoning behind the adjustments. If both you and the other parent voluntarily agree and sign the written document, you can submit it to the court for approval. As long as the agreement remains in the best interests of the child, the court will likely approve the changes.
What if My Child’s Other Parent Doesn’t Agree?
If your child’s other parent does not agree with the changes you want made to the custody agreement, you will not be able to avoid court. In this situation, you must file a petition to modify custody with the New York Family Court. The petition should explain what changes have occurred that render the previous custody order unreasonable and detail why the modification is necessary for the child’s well-being.
A hearing will be scheduled, and both you and the other parent will have an opportunity to present evidence and arguments. For more information and legal advice during this time, contact a skilled family lawyer today.
