Child Custody Modifications

Child Custody Modifications Attorney in East Islip, NY

Child custody modifications is one of the most difficult things to deal with post-divorce, it is common for divorce spouses to have quandaries. When there are disagreements over child custody as a result of a divorce, the family court is usually the one who makes the decision – and this will be based on various factors. 

But what if, for example, you went to family court a few years ago and the decision favored the other party? Is it possible to modify that decision? In a nutshell, yes, it is possible. Child custody does not exist to remain forever; changes occur because your child’s needs will change as they grow up.Since this is the situation, the family law allows child custody modification.

While it is indeed important to prioritize the best interest of a child, the family court of New York will look into several factors. Thus, getting legal help from a skilled Child Custody Modifications Attorney in New York is a must. 

Ms. Jodi Ann Donato, the founder of Donato Law, has been practicing for 25 years as District Court Small Claims Arbitrator. Our team is considered as one of the best divorce and family law firms in New York. By exuding diligence in giving legal advice and assistance, we are able to establish a good reputation by obtaining numerous honors and awards. If you or someone you know is in need of modifying child custody, set a free consultation today! 

Modifying a Custody Order

While a child custody order can indeed be modified, the legal process does not make it happen immediately after putting the custody order in place. Many parents think that after receiving the custody order, which they are not in favor of, they can immediately go back to the court and file a petition to modify. In New York, every court has its own respective rules and regulations to compel the family to give the custody arrangement a good try before going back to the court for modifications. 

To obtain a valid court order in modifying child custody order, the party seeking the change must prove a change in circumstance which is deemed substantial. They must prove a significant change in the child’s or the parent’s life. Some examples of substantial change in circumstance are as follows:

• A significant change has occurred in the arrangement of child care.
• A child who is at least 12 years of age wishes to modify the order.
• The child is endangered by the parent at any point or the environment of the home is not safe.
• The is clinically diagnosed with serious illness or special needs. 
• The child is turning high school, beginning a part-time job, new school, going into an intense study or serious training for a vocation or sport, or other significant change in their schedule, such as, but not limited to, going out of town to boarding school.
• The other parent does not communicate with the other parent or impedes with the other parent’s designated time.
• The parent abused the child, or domestic violence took place within the home.
• A parent violates some or all of the court order.
• A parent is relocating to a different state or city.
• A parent is looking at moving with a new relationship.
• A parent is convicted with a crime 
• A parent suffered from undue hardship which resulted in a substantial change in income.
• A parent was addicted to an illegal substance or is suffering from a serious illness.

Generally, unless a fortuitous event occurs, the New York court will not issue a legal custody order if either of the parties went to court within the last month or two. In most cases, court judges are irritated by such a petition and are reluctant to consider it unless the child is truly in danger. Your experienced family law and child custody modifications attorney in New York can definitely help you in determining the right time when you should go back to the court. In some cases, it is preferable to wait patiently while gathering evidence so that by the time you get back to court, you will have a strong case. 

 

 

Standards of Child Custody Modification

You will be able to request child custody modification once a substantial change in circumstances has been proven in the New York Supreme Court. The basis for such modifications is the child’s best interests. The same criteria are used by the court to make the first legal custody order. In preserving the child’s best interest, the following factors are to be considered:

• Who is the primary taker between the two parents
• The place where the half-siblings and the real siblings live, as well as their schedule
• Each parent’s home environment
• Each parent’s financial situation
• Each parent’s capacity to provide educational opportunities
• The New York Court’s observation on both parents
• The child’s preferences, only applicable when their age are capable to make a decision
• The needs and arrangement of the child.
• Parents who abuse substances
• Physical and mental health of child and parents
• Intrusion of parenting time committed by one parent against the other.
• Neglect, child abuse, or domestic violence.

Proving the Necessity of Modification

Your New York child custody modification attorney will work collaboratively with you throughout the child custody modification process. This includes gathering facts and evidence to prove that a modification of the previous child custody order is necessary.  Both parents must testify. You should provide the following information to assist your attorney:

• The witnesses’ names can provide information about the change that occurred.
• Other pertinent pieces of evidence such as voice recordings, pictures, videos, documents, and among others.
• Salient details such as dates and a journal you used to track the events

Once you receive the initial child custody order and you are certain that it will be modified regardless of what the circumstances are, you should then quickly begin to collect evidence to substantiate your claim from the time the family court issues the order. The merits of your case will be based on the amount of evidence you are able to collect. If you can show the traces of unsafe behaviors and the environment, this will help your case.

Call our East Islip and Suffolk County Child Custody Modifications Attorney Now!

The legal process for modifying the initial child custody order can be complicated. In order to do so, you should gather a lot of evidence, as well as a strong and convincing argument to defend them in court. If you think that there is a strong necessity to change the child custody order for the safety of your child, then hiring an experienced  Child Custody Modifications Attorney in New York should be your first primary goal – look for a law office with a competent, experienced, dedicated, and reputable lawyer.

Hiring Donato Law will never give you any regret. Our team has been helping individuals who wish to modify child custody orders for over 25 years, and we are recognized by the Handel On The Law Attorney Directory as one of the best! We are strongly dedicated to help you, as well as your child, in having the good life you are supposed to have. 

Other than modifying child custody, we also handle Estate Planning, Probate Administration, Business Formation, Traffic Violations, Personal Injury, and Real Estate. If you or someone you know is in need of our assistance, set a free case evaluation today!