Modification of Child Custody in New York

Child custody agreements are a crucial part of the divorce process when a married couple with children makes the decision to terminate their marriage. The decisions of a custody agreement will systematically determine which parent has legal custody, physical custody, or full custody of the child or children involved in the divorce.

Many factors are assessed before ruling on a matter as sensitive as child custody, including circumstances of age, mental capacity, physical health, emotional bond, lifestyle choice, quality of education, child preference, and more. However, no matter how thoroughly a case is reviewed and no matter how much attention is paid to the conditions of any ending marriage there is always the possibility that the terms of an established custody agreement will not be sufficient enough to remain pertinent to a parent’s circumstances months or years after the divorce and custody have been finalized.

As with the original formation of a custody agreement, the courts will always judge modifications in light of what is best for the child or children involved. Therefore, modifications to custody agreements are generally approved when it can be proven that the change will be for the betterment of the children. It must be proven that a substantial change in circumstance has occurred which now calls for medication of the previously determined terms and conditions of a custody agreement.

Substantial changes could include a geographic move or a change in lifestyle such as a new job or development of drug or alcohol abuse. These are circumstances that will need to be brought before the court and substantially proven in order to obtain the modification. As such, these are also circumstances that will require the support and guidance of New York divorce attorney.