When parents break up, it’s important to create a healthy, stable environment for their children. Custody and visitation arrangements should be fair, clear and reliable. Whether agreed upon by parties to a divorce or imposed by a judge, parenting plans have the force of law and violations should be addressed immediately. However, circumstances might change, which may justify modifications to the existing custody order. If you believe your son or daughter’s best interests would be served by an adjustment of custody terms, or if you are opposing a proposed change, it’s smart to understand when New York law permits custody order modifications.

Under Section 652 of New York’s Family Court Act and the Supreme Court, judges can alter existing custody terms in certain circumstances. If both parents agree to the change, securing the requested revision should be fairly simple. When a modification is contested, however, you might need to bring in a knowledgeable child custody lawyer who can advise on you legal issues relating to:

• Burden of proof — The party petitioning for the change bears the legal burden of proof in modification requests. They must present clear and convincing evidence that a substantial change in circumstances has occurred and that the proposed revision is in the youth’s best interests.
• Relocations — Some of the most challenging modification proceedings involve parents who wish to move with their child to a distant location. Though a custodial parent might have a compelling reason to relocate, courts must also take into account how a long-distance move could affect the co-parent’s visitation rights. Determining the impact that such a move could have on a youth and their parents can be complicated, so it is important to speak with a qualified attorney to assess what factors might be critical in your case.
• Legal process — Even if you and your ex see eye-to-eye about the need for a modification, you should take immediate steps to change the order rather than making an informal agreement. Without authorization from a court, you likely won’t be able to enforce the new terms if a dispute arises in the future. You start the process by filing a petition for modification in Family Court or the Supreme Court.

Whether you’re considering a move to take care of an ailing relative, looking to shift your visitation schedule due to a job change or opposing a change sought by your former partner, a seasoned attorney can give you a fair assessment regarding the likelihood that a modification will be granted.

Martin J. Rosen, P.C.  handles custody modification actions and other family law matters for clients in Westchester County and the Hudson Valley area. To schedule a consultation with an accomplished lawyer, please call 914-761-6300 or contact us online. Our office is in White Plains, across the street from the Galleria mall.