Modification of Child Custody in New York

Child custody agreements are meant to provide stability for children and clarity for parents. But life doesn’t always go according to plan. When circumstances change—whether it’s a move, a new job, or concerns about a child’s well-being—you may need to revisit and update your child custody arrangement.

At Brian D. Perskin & Associates, P.C., we help parents across New York seek custody modifications that reflect their current realities and protect what matters most.

When Can You Modify a Custody Agreement in New York?

In New York, you cannot modify a child custody order just because you’re unhappy with it. The court will only consider a modification if you can show that there has been a substantial change in circumstances since the order was issued—and that the change directly impacts your child’s well-being.

Examples of Substantial Changes Include:

• A parent moving to a new city or state
• A change in a parent’s work schedule or financial stability
• New concerns around substance abuse or unsafe conditions
• Shifts in the child’s health, development, or school needs
• Changes in the co-parenting dynamic or communication breakdown
• A child’s growing maturity and preferences (especially in older children)

The court’s top priority is always the best interests of the child—not the preferences of the parents.

What Courts Consider in Custody Modification Cases

Before granting a modification, New York courts will assess whether the new arrangement supports the child’s physical, emotional, and psychological needs.

Factors Judges May Evaluate:

• The child’s relationship with both parents
• Stability in each parent’s home environment
• Parental cooperation and willingness to co-parent
• Educational and extracurricular continuity
• Any signs of abuse, neglect, or harmful behavior
• A child’s preference (depending on age and maturity)

If the proposed change is proven to enhance the child’s safety, stability, or emotional development, the court may approve the modification.

How to Modify Child Custody in New York

To modify child custody in New York, a parent must file a petition in the court located in the county or borough where the child lives, unless the original custody order was issued by a different state and a parent still resides there. The petition should explain both the substantial change in circumstances and how the proposed change serves the child’s best interests.

The process typically includes:

• Filing a petition for child custody modification
• Notifying the other parent of the request
• Submitting supporting evidence, such as:
  • School records or attendance issues
  • Medical or psychological evaluations
  • Statements from teachers, doctors, or counselors
• Attending a court hearing if the request is contested

If both parents agree to the modification, the court may approve it without a hearing. If not, the judge will evaluate the evidence and decide whether a change is warranted.

Having an experienced child custody attorney can help you prepare a strong case and navigate the process effectively.

What Happens If Only One Parent Wants to Modify Custody

It’s not uncommon for one parent to believe a custody change is needed—while the other disagrees. These cases can quickly become complicated, especially when emotions run high and communication breaks down.

If you’re the parent requesting the change, it’s your responsibility to show the court that a modification is both necessary and in your child’s best interest. This can be challenging, particularly if the other parent is strongly opposed or disputes your claims.

That’s why preparation is key. To move forward successfully, you’ll need solid evidence, a clear legal strategy, and a strong understanding of what the court is looking for. Without experienced legal support, even legitimate concerns may not be enough to persuade the judge.

Let’s Talk About What’s Changed

If your child custody order no longer fits your life—or your child’s needs—it’s time to take action. Don’t wait for a conflict or emergency to force a change. Proactively modifying your agreement can give your child the stability they deserve, and give you peace of mind.

Contact Brian D. Perskin & Associates, P.C. today to schedule a confidential consultation. Let us help you build a better path forward.