When a New York couple is going through a divorce, dealing with issues in regards to their children is often their top priority. Courts typically arrange child custody in the best interests of the children. However, life inevitably changes for parents and changing a custody agreement may become necessary.
New York courts do not take child custody modifications lightly. The state of new York allows for modification in the following circumstances:
- Since the original custody agreement there has been a substantial change in the circumstances of the children or parents.
- The child is requesting the modification and is at least 12 years old.
- There has been abuse or neglect.
- There has been a 15% increase or decrease in a parent’s income.
- It has been three years since the original order was created.
Courts will not grant a request for change in custody unless you have one of the reasons above. In most cases you will have to provide proof of these circumstances. There are many situations in which a parent may want to change a custody order which include:
- One parent remarries
- New living arrangements
- Financial changes
- A parent is battling a major medical condition
- A parent has committed domestic abuse or is convicted of a crime
- A parent is battling a substance abuse problem
- The custodial parent frequently fails visitation orders
A legal professional who is skilled in family law can help their client understand their options when it comes to child custody issues. They can advise their client as to how they can change their child custody arrangements and make sure they remain in the best interest of the child.