Family dynamics often change after a custody order is issued. One parent may move, change jobs, or face health or financial issues that affect their ability to care for their child. When these changes occur, it may be necessary to request a custody modification. In New York, custody orders can be changed, but it requires a formal process showing the court that there has been a significant change in circumstances. For more information on how to request a custody modification in New York, continue reading and set up a consultation with a Suffolk County family law attorney today.

Why Would a Modification Be Necessary?

Custody orders are created based on what is in the best interest of the child as well as what is feasible for the parents. However, those factors are subject to change over time. A modification will only be approved if there has been a substantial change in circumstances that renders the current order unreasonable and warrants an alteration of the agreement.

Common reasons why a modification may be necessary include:

  • A parent relocating to a different city or state
  • A parent’s new work schedule interfering with custody arrangements
  • Concerns about the child’s safety of well-being
  • Substance abuse, neglect, or domestic violence in the home
  • A child’s evolving needs or preferences as they get older

Any of the above or more could be a valid reason to request a change of the custody order.

How Do I Request a Custody Modification in NY?

The process of requesting a custody modification begins by filing a Petition for Modification of Custody in Family Court. In the petition, you must explain why the change is necessary and describe the substantial change in circumstances that has occurred since the original order.

You must also serve your child’s other parent with papers to properly notify them of your petition. They will have a chance to respond to the request, either agreeing or contesting it. Service must follow New York’s procedural rules.

After the other party has been notified, the court may schedule a hearing. Both you and your spouse will have the opportunity to present evidence, call witnesses, and testify. After reviewing all evidence, the judge will determine whether the proposed motion serves the child’s best interests. If approved, a new custody order will replace the old one and become legally binding.

What Factors Do NY Courts Consider When Deciding a Custody Modification?

The only thing New York courts are concerned about when determining whether to approve a custody modification is whether it is in the best interest of the child. This can be evaluated by considering the following factors.

  • Which parent has been the primary caregiver
  • The child care arrangements that each parent can offer
  • The stability that each parent can offer
  • Evidence of either parent’s drug or alcohol abuse
  • The mental and physical health of each parent
  • Evidence that either parent has committed domestic violence
  • Evidence that one parent has ever abused, neglected, or abandoned the child
  • The financial situation of each parent
  • Each parent’s home environment
  • The educational opportunities that each parent can provide to the child
  • Where the child’s siblings live, if they have any
  • The court’s observation of the parents’ behavior
  • The child’s preference, depending on their age and understanding of the situation

Family law can be complex, so it is important that you are represented by a skilled legal professional. Contact a custody lawyer today for more information and counsel.