Can I Modify A Custody Order In New York?

If you’re divorced and you’re interested in modifying an existing custody or visitation order in New York, you may not be sure what to do. Is it possible to modify your custody order? Is the process different for visitation? In this blog post, we discuss these questions and more.

Can A Custody Order Be Modified?

Yes. Either parent may petition the court for a modification of a custody order if there has been a “substantial change of circumstances” since the date that the original order was issued. 

However, this process is by no means automatic or guaranteed to have the outcome you want. Before a custody order is modified, a hearing will be held in family court. During this hearing, the court will listen to both sides and will decide whether or not a custody modification is in the best interests of the child.

Then, they will either uphold the original custody order, or they will modify the custody order due to the substantial change in circumstances. If the order is changed, this will take effect immediately. 

When Will A Court Modify A Custody Order?

To file for the modification of a custody order, there are certain circumstances that must be met by the parent seeking to petition the court. In New York, these are as follows.

• There has been a “substantial change in circumstances” for either the parent or the child since the date that the custody agreement was established
• The child requesting custody modification is at least 12 years old
• The situation involves abuse, abandonment, or neglect of a child
• There has been a decrease or increase of 15% in a parent’s income since the original order was issued (applicable only to orders made on or after Oct 13, 2010)
• It has been three years since the original order was issued (applicable only to orders made on or after Oct 13, 2010)
  

If you meet one or more of these criteria, you will be able to file a petition to change the custody order. However, you are not guaranteed to succeed. The court will then have to determine if the change in custody is in the best interests of the child.

How Is The Process Different For Modifying A Visitation Order? 

Whether you are petitioning for a change in custody or for the modification of visitation, the process is the same. Typically, both custody and visitation issues are decided at the same court hearing. 

There’s no difference in the process, and the criteria for modifying a visitation order are the same as those outlined above for modifying a custody order.

How Can A New York Custody Attorney Help? 

A court will only modify a custody or visitation order if it’s in the best interests of your child. A New York custody attorney or family lawyer can help you prove this. Family lawyers and custody attorneys, such as the team at WertheimerLipton, are deeply familiar with the family court system.

Our team will also provide you with the guidance you need as you file your petition and go to court, ensuring you have the support you need while you seek additional custody or visitation rights. 

Contact WeirtheimerLipton For The Help You Need! 

Modifying a child custody or visitation order in New York can be difficult. So don’t go it alone. A New York custody attorney from WertheimerLipton is standing by to help you win your case. Contact us online to discuss your situation, learn more about what we do, and see why you should work with us when seeking a child custody or visitation modification.