Modification of Custody
Family Court Act Article 6
Modification of Child Custody Orders
By J. Douglas Barics
Since a child custody order is an order of the court, may only be modified by a subsequent order. When parents mutually agree to change an existing custody order, it sill must be signed by a judge.
When parents do not agree on the change, either can request it be changed by a court. However, courts do not simply change custody orders for the asking, and the parent seeking the change must show its in their children's best interests to do so.
At the Law Office of J. Douglas Barics, we have handled hundreds of custody modification cases and have the experience to handle these requests. The vast majority of the time a reasonable agreement can be, but when one cannot, we are well prepared to take a custody modification to trial.
Do you need representation in requesting or opposing a modification of an order of custody and parenting time?
Contact us online or at (631) 864-2600.
Modifying Child Custody in New York
What you need to know about modifying an existing custody order
What is the standard to modify an existing custody order?
A custody modification requires a significant change in circumstances since the order was issued, and showing that a modification is in the child's best interests.
What is considered a significant change in circumstances?
A significant change in circumstances is focused on the child, not the parents. Therefore, a change in the non custodial parent's circumstances will be far less of a factor than a change in circumstances that affects the child directly.
What are some examples of a significant change of circumstances?
- The custodial parent has neglected the child
- The child's school performance has significantly deteriorated
- The custodial parent has a substance abuse problem
- The child is having new behavioral problems
- The custodial parent is frequently moving
- The custodial parent is seeking to relocate with the child
- The custodial parent working hours have become unpredictable and they no longer have the time to care for the child.
- The custodial parent has a pattern of routinely not making the child available for parenting time.
If a change of circumstances is show, is custody changed?
No. Once a change of circumstances is shown it still must be shown the change in custody is in the child's best interests.
Contact Our Family Court Custody Modification Attorney Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to request or oppose handle any custody modification request. With over 25 years of Family Law experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled Family Court lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.