Establishing a custody order that works for your family is an important aspect of any divorce. However, many post-divorce couples find themselves in situations where their custody order no longer works for their families. In New York, custody orders can be modified at any time in certain limited circumstances.

When can a custody order be modified in New York?

At the Law Offices of Stacy Sabatini, Esq., we specialize in helping families modify existing custody orders to accommodate changes in circumstances. The circumstances under which a New York will modify a custody order are:

• When the circumstances of the child or parent have substantially changed since the visitation or custody order was finalized, which can include:
• Change in finances
• Parental relocation
• Changes in the health of the parties
• Abandonment
• Remarriage
• Abuse or neglect
• By request of a child 12 years old or older

Modifying a custody order in cases of abuse, neglect, or abandonment

Custody orders in New York involving abuse, neglect, or abandonment, can be modified. The requesting party must submit an affidavit to the court that details all the facts and allegations of the abuse, neglect, or abandonment. In order for the modification of the custody order to be approved, the facts contained in the affidavit must prove that: the modification of the custody order would be in the best interest of the child, the child is in danger either by unsafe living conditions or by the parent, or the child has been abandoned by the parent.

Modifying a custody order in cases of parental relocation

If the custodial parent makes a significant move that will have a major impact on the life of the child, it may meet the substantial change in circumstances criteria and thus the custody order will qualify for modification. The courts will first encourage the parents to come to a mutual agreement where both parents may continue to have significant contact with their children on their own. However, if no such agreement is reached, the court will reach its own decision based on what arrangement is in the best interest of the child.

Modifying a custody order by special request of a child

In some cases, the child involved in the custody order will have a strong preference as to who their custodial parent is. If the child is over the age of 12, New York law allows the child to make their preferences known to judge. Although the child’s request is not determinative, their wishes are taken into consideration by the judge when deciding whether or not to modifythe custody order.

How to modify a New York custody order

Modifying a custody order is a serious matter that requires an experienced family law attorney. If you are considering modifying an existing custody order, contact the Law Offices of Stacy Sabatini, Esq. at www.sskfamilylaw.com today for a consultation. We are located in New City, New York, and proudly serve residents of Rockland County, Orange County, and Westchester County.