Modifying Custody Agreements In New York: An Overview

In this article, you can discover…

• How to request a modification to a custody agreement in New York.
• The evidence you’ll need to support a modification.
• Common pitfalls you should avoid when requesting modification.

How Do I File A Request To Modify A Custody Agreement Or Custody Order?

The first step is to file a petition to modify your custody agreement. It’s best to seek an attorney’s help with this process, as an attorney will know which information to include. Depending on the circumstances of your case, your petition will either be filed with the local County’s Family Court or with the local County’s State’s Supreme Court. After filing your petition, you will receive a court date.  If you hired an attorney, the attorney will take are of serving the petition on the other party, otherwise you will need to serve the other party.

What Are Valid Reasons To Modify A Custody Agreement / Custody Order In New York?

To file a modification, you must be able to show what is known as a “substantial change of circumstances.” This means that since the original agreement or custody order, something significant has occurred to warrant a change or modification of your custody agreement/custody order.

One example of a change, is that the child is now living with you, instead of with the other party.  Another example of a change, is that the other parent is not allowing you to see the child at all.  While every case is different, it’s important that the change be meaningful and important.

What Evidence Is Needed To Support A Modification To A Custody Agreement / Custody Order Request?

You must be able to show that the facts of your child’s situation have changed; simply demonstrating that you feel negatively about a situation is not enough. You will have to demonstrate to the Court, specific and concrete facts to show that change has occurred. You will also need to provide as much information as possible.

For example, if the other party is causing parental alienation by withholding your children or not allowing you to speak with your children on the phone. Include the dates and times of these events and provide as many details about the situation or event as possible.

Attorney David Badanes is a seasoned, dedicated family law attorney serving New York. For 20 years, he’s helped clients just like you modify their custody agreements with care, diligence, and a tireless focus on their children’s well-being.

Have questions, or in need of legal help? Reach out to the Badanes Law Office at (631) 430-4445 for a free initial consultation today.

Book Your FREE Divorce Consultation Now! (631) 430-4445

Can Modifications To Custody Agreements / Custody Orders Be Made Without Going To Court?

Unless the other parent agrees, in writing, you do need to file a petition with the Court.

What Are Some Common Pitfalls To Avoid During Modification Proceedings?

It’s important to always listen to your attorney’s advice. Make sure that your attorney understands all aspects of your circumstances as a parent: the good, the bad, and the ugly. If you’re not fully honest about your strengths and weaknesses, these matters will come out in court, and the end result may not go well for you. The more honest you are, the better your attorney can represent you, respond to the other party successfully, and make your case for modification.

Can You Share A Success Story Where A Custody Modification Had A Positive Impact On A Child’s Well-Being?

There have been many cases where I’ve been able to help a client, but one case stands out in particular. I fought hard for my client, and he was able to receive a modification. He now has custody of his child. This enabled his child to truly thrive, grow, and heal socially and emotionally, which was a great outcome for everyone involved.

With the right legal help, meaningful steps forward are possible. Don’t try to handle custody modification petitions alone; get the help of a proficient, experienced attorney to navigate this process with you.

Still Have Questions? Ready To Get Started?

For more information on Modifying Custody Agreements In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 430-4445 today.

Attorney David Badanes is a seasoned, dedicated family law attorney serving New York. For 20 years, he’s helped clients just like you modify their custody agreements with care, diligence, and a tireless focus on their children’s well-being.

Have questions, or in need of legal help? Reach out to the Badanes Law Office at (631) 430-4445 for a free initial consultation today.

Book Your FREE Divorce Consultation Now! (631) 430-4445