Post Decree Modification in New York
Your custody agreement should always reflect the current status of your family. Get leading Brooklyn and Manhattan Child Custody Attorneys at Brian D. Perskin & Associates.
Reasons for Modifying Your Custody Agreement
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 New York 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:
- Age of the child
- Mental capacity
- Physical health
- Emotional bond between the child and parents
- Lifestyle choices
- Quality of education
- The preference of the child, etc.
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 modification of the previously determined terms and conditions of a custody agreement.
Substantial changes could include a:
- Geographic move
- 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 child custody attorney.
Modifying Child Support and Visitation
In New York the Income Shares Model is used when determining to whom and how much child support should be paid. The courts understand that at any time living conditions or financial circumstances can change.
To accommodate these changes you can also make modifications to your child support agreement and visitation schedule. Here are the reasons why you can modify child support in New York:
- One parent loses a job
- The parent paying child support has had a significant change to their financial situation
- The child needs more support than previously needed due to health reasons, etc
Reasons for modifying your visitation schedule could be:
- The custodial parent moves
- The child no longer benefits from visitation with the non-custodial parent
- Lifestyles have changed
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How an Experienced New York Child Custody Attorney Can Help
Sometimes the need for modification of a child custody agreement is only felt on behalf of one parent. In these instances, the issues that arise as attempt at a custody change is underway could be as volatile as that of a contested divorce.
When only one parent feels that change is necessary, they must file a written request (known as a motion) to the court asking for approval of the modification. Again, a substantial change in circumstance will need to be proven before the court will willingly make changes to an existing court order. Therefore, the need for a child custody lawyer intensifies even more in cases in which parents are of opposing opinions as to the need for child custody modification.
At the law office of Brian D. Perskin & Associates P.C. you can rely on the steadfast services of our legal team. We understand that the time surrounding and after a divorce is often one of high stress, and sometimes negotiations are made and settlements are reached which prove effective for only a very limited time. Therefore, we have taken the steps necessary to ensure that we are prepared to help parents seek and effect change to their custody agreements when modification is necessary.
Frequently Asked Questions
The parent that does not have sole custody of the child is typically granted visitation rights. Learn More
They can, if they are able to prove to the court it is economic or familial reasons and will not affect the non-custodial parents ability to see the child. Learn More
Child custody agreements can be modified in New York. Learn More
Yes. After a divorce is finalized, certain aspects of the court order, such as child custody, visitation, or support, can be modified if there has been a substantial change in circumstances. To request a modification, a party must file a motion with the court and provide evidence showing why the change is necessary and how it serves the child’s best interests or reflects new financial realities. The court will not approve changes without proper justification and supporting proof.
Legal separation allows parents to establish custody and parenting arrangements without ending the marriage, often through a separation agreement or court order. These arrangements can determine where the child lives, how decisions are made, and how parenting time is shared. Courts may later rely on these established patterns when making final custody decisions, especially if the arrangement has proven stable and in the child’s best interests.
A child custody order in New York can be modified when there has been a substantial change in circumstances that affects the child’s best interests. This may include changes in a parent’s living situation, relocation, work schedule, or concerns about the child’s well-being. To pursue a modification, a parent must file a petition with the court and present evidence showing why the existing order should be updated to better reflect the child’s needs.
Contact our Manhattan or Brooklyn Post Decree Modification Lawyers Today
If your circumstances have shifted, connect with our New York post-decree modification attorneys today to evaluate whether adjustments to your support, custody or visitation orders are warranted under applicable law.
