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Family Law Attorney Stacy Sabatini, Esq.

News and insights about divorce and family law in New York.

Getting Custody of Your Children Back in New York

Losing custody of a child is devastating: whether you have lost all custody rights or are simply unhappy with your current custody order, having restricted access to your child doesn’t have to be permanent. With the help of a qualified and experienced New York family law attorney, you can regain custody or change your current custody agreement in certain circumstances.

Reasons you can modify a custody order in New York

Custody orders can be modified either when there is a significant and material change in the circumstances of either parent or of the child, or when one parent has violated the existing order. The party requesting the change must be able to show that it is in the best interest of the child for the court to make the modification. Currently, the court will modify custody orders for the following reasons:

  • Significant change of circumstances for the child or one or both parents
  • Significant financial change
  • Parental relocation
  • Changes in the mental or physical health of any party
  • Abandonment
  • Remarriage
  • Abuse or neglect
  • Wishes of the child (if 12 years of age or older)
  • Death of a parent
  • Violation of the custody order

How to modify your custody order

As with any family law matter, custody issues are complicated and are best handled by an experienced attorney. Not all requests to modify custody are granted: it is up to the requesting party to show proof to the court that a significant and material change in circumstances has occurred, or that one parent is violating the court order. Your attorney will file a petition with the court requesting the modification and gather the evidence needed to show that the change is in the best interest of the child.

Experienced child custody lawyer for New York families

At the Law Offices of Stacy Sabatini, Esq., we work hard to protect the parental rights of our clients and ensure that each child’s interests are being best represented. Located in New City, New York, we proudly serve families located in Orange, Westchester, and Rockland counties. To schedule your free initial consultation, visit us online at or contact us via email today.

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