If you start a new job or move to a different house, you might worry that following your current custody order will be impossible. Fortunately, New York allows you to modify existing orders, potentially making it easier to support your child despite the changes in your circumstances.
When do courts modify custody orders?
In most cases, New York courts do not modify custody orders without reason. Significant changes in your circumstances may include:
- A parent’s relocation
- Changes in work schedules
- Concerns about a child’s safety
- Substantial shift in the child’s needs as they grow older
You may need to prove, with evidence, that there has been a substantial change in your circumstances since the issuing of the original order. Otherwise, the court could dismiss the petition on the papers alone. This standard provides stability for your child and reduces the likelihood of litigation between parents.
It is also possible to pursue modification if either parent is not following the current custody arrangement or if there are new issues with substance abuse or domestic violence. Try to prove that the change is real, lasting and affects your child’s wellbeing. Temporary inconveniences or minor disagreements may not qualify.
How do you start the modification process?
To modify an order, you may file a petition with the family court that issued your original custody order. In your petition, it would help to explain what circumstances have changed and why modifying the order serves your child’s best interests. Courts in New York typically prioritize what is best for the child above parental preferences.
Consider discussing the proposed changes with your co-parent. After reaching an agreement, you may submit a stipulation to the court for approval. This approach often takes less time and money than litigation.
If your petition provides enough initial evidence of a change, the court may then schedule a hearing. The timeline for a custody modification varies. During this time, you are generally expected to follow the existing custody order unless the court issues a temporary modification.
Protecting your child’s interests
Life is often difficult to predict, and your circumstances may change in the blink of an eye. By modifying your custody order, you and your co-parent may adapt to changes in each other’s lifestyles without compromising your ability to care for your child.