Modifying Child Custody Orders in Nassau & Suffolk County, Long Island, NY
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In order to successfully change a Child Custody Agreement or Order, the party seeking the modification must prove that there has been a substantial change in circumstances warranting a hearing or trial. There are a few different situations in which a change in circumstances may occur. Below are two examples of such situations: Relocation and Change in Child’s Circumstances.
Situation #1: Relocation
Jack and Jill have a six-year-old child together. The parents do not live together. The two share joint physical custody of the child, alternating every five days (so the child would be with Jill Monday through Friday, then Jack Saturday through Wednesday, etc.). This arrangement works for them because they live in the same school district only two miles from each other. Both parents work full-time, but Jack earns about $40,000 per year more than Jill. Recently, Jill was chosen for a promotion at her job and the company has asked her to move. The relocation would mean she would now live over 5 hours away by car, but she would be earning a significantly higher salary and her medical, dental and optical benefits would far surpass those she is currently receiving.
Obviously Jack and Jill have a big problem. The two, as well as their child, have been very happy with their current custody arrangement. With the relocation, however, there is simply no way that the alternate five day schedule is feasible for Jill. She believes that she should take the child with her, as the school districts near her new home are much better than where the child is currently enrolled. Jack believes that the child should remain with him, as all of the child’s family and friends live within close proximity.
Jack and Jill now find themselves in court seeking a Modification to their Child Custody Agreement, with both parents asking the court to grant them sole physical custody.
In this case, Jill brought the Petition, so she has the burden of showing the court the move is in the child’s best interest, with some of her strongest arguments an improved standard of living and better schools.
If Jack had brought the Petition, the burden would be on him to prove that the move is not in the child’s best interests. Among his strongest arguments are the child’s ties to the community, i.e. the child’s school, friends, family, doctors, and the reduced access Jack would have with his child.
The court had to decide what it believes to be in the best interest of the child. If the court believed that relocating was in the child’s best interest, then the child would relocate with Jill. Jack would still be entitled to visitation, but it would certainly be less than the five out of every ten days to which he was previously entitled.
In the end, while Jill presented evidence showing that her relocation would improve her financial situation, the court found her justification for uprooting the child from the only home he or she has ever known (and where the child has been thriving socially and academically) unsatisfactory. Jill failed to justify such a move that would qualitatively affect the child’s relationship with Jack. Given the lack of sufficient evidence proving to the court that the relocation would be in the child’s best interests, the court did not allow the relocation, and granted residential custody to Jack.
Situation #2: Change in the Child’s Needs
Jack and Jill have a young child together. The parents do not live together, but share joint physical custody of their child. Jill works full-time and Jack works part-time. Jack has the child every Wednesday through Saturday afternoon and Jill has the child Saturday night through Tuesday. The child is a perfectly healthy, well-adjusted child with no major medical problems.
Unfortunately, the child is involved in an accident that causes severe brain injuries. The child needs around-the-clock medical care and supervision. With Jill working full-time she is not able to meet the multiple needs of her child during the week. Jack feels that he is in a better situation to care for their child and petitions the court for a Modification of Custody.
Jack asks the court to adjust the parent’s custody arrangement to better provide for the child’s needs. If Jill will pay child support and her share of medical expenses for the child, Jack believes he can adjust his work schedule to accommodate caring for his child. Jack makes his argument to the court and the court finds that he is better situated to meet the demanding needs of his child. The court, finding that the Modification is in the child’s best interests, modifies custody so that Jack has the child Monday through Friday and Jill has the child Saturday and Sunday.
Other Reasons for a Child Custody Modification on Long Island
There are certainly other situations that may qualify as a change in circumstances warranting a hearing or trial on a modification. This may include a change in the relationship between the parents, such as the inability to effectively communicate with each other, or it may be an abusive situation has made it unsafe for the child to continue living in a certain household. There is simply no “one size fits all” when it comes to Custody Agreements and seeking modifications.
Questions About Child Custody and Visitation on Long Island?
See this page to learn everything you need to know about Child Custody and Visitation on Long Island.
To learn more about what you need to know about Child Custody on Long Island, visit this page on Child Custody or contact us at 631-923-1910 for a complimentary consultation.
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If you are seeking to modify your Custody Agreement, it is very important to have an experienced Family Law Attorney represent your interests and effectively argue and defend your position. Custody matters can be extremely complex and difficult to navigate without the appropriate understanding of the underlying laws. If you wish to modify such an Agreement, contact our Office and set up your free consultation.
“I was recommended AnneMarie Lanni by a friend for the custody case I was going through last year. I had a very negative experience with a former law firm and was nervous about the state of my case. However, immediately upon retaining AnneMarie my mind was put at ease. She was always very quick to respond back to my emails/phone calls, explained complicated legal aspects to my case in easy to understand terms, and ultimately resolved my case in a timely fashion with the outcome that I had hoped for. I highly recommend AnneMarie and this firm!”
Frequently Asked Questions About Child Support Modifications on Long Island, NY
Q. When can a child custody order be modified on Long Island, New York?
A. A custody order can be modified in New York when there is a significant change in circumstances affecting the child’s best interests, such as relocation, a parent’s inability to provide proper care, or changes in the child’s needs.
Q. What factors do Nassau and Suffolk County courts consider for custody changes?
A. Courts in Nassau and Suffolk County consider factors such as the child’s safety, each parent’s ability to provide a stable environment, the child’s preference (depending on age and maturity), and the impact of any changes on the child’s well-being.
Q. Do both parents need to agree to modify a custody order?
A. No, both parents do not have to agree. While an agreement between parents is preferred, one parent can petition the court to modify custody if they can prove a significant change in circumstances. The judge will evaluate the evidence to determine if the change is in the child’s best interests. While an agreement between parents is preferred, one parent can petition the court to modify custody if they can prove a significant change in circumstances.
Q. How do I file for child custody modification on Long Island, New York?
A. You can file a petition in the Family Court where the original custody order was issued. This would be in Supreme Court in Nassau County or Suffolk County or Family Court in Suffolk County or Nassau County. It’s best to work with an experienced family law attorney to ensure proper documentation and strategy.
Q. Can child custody be modified without going to court?
A. Parents can agree to modify custody through mediation or a written agreement, but court approval is often required to make the change legally binding.
Q. Can temporary custody modifications be granted?
A. Yes, temporary changes can be granted if there is an urgent situation, such as safety concerns or emergencies. Courts may issue temporary orders until a full hearing is held.
Q. Do I need a lawyer to modify a custody order?
A. While you can file on your own, having an experienced family law attorney on Long Island increases your chances of success. An attorney can present strong evidence and ensure that your child’s best interests are clearly represented.
Q. How long does it take to modify a custody order?
A. The timeline depends on the court’s schedule, the complexity of the case, and whether both parents agree. It can range from a few weeks for uncontested modifications to several months for contested cases.
Q. When can a child custody order be modified on Long Island, New York?
A. A custody order can be modified in New York when there is a significant change in circumstances affecting the child’s best interests, such as relocation, a parent’s inability to provide proper care, or changes in the child’s needs.
Q. What factors do Nassau and Suffolk County courts consider for custody changes?
A. Courts in Nassau and Suffolk County consider factors such as the child’s safety, each parent’s ability to provide a stable environment, the child’s preference (depending on age and maturity), and the impact of any changes on the child’s well-being.
Q. Do both parents need to agree to modify a custody order?
A. No, both parents do not have to agree. While an agreement between parents is preferred, one parent can petition the court to modify custody if they can prove a significant change in circumstances. The judge will evaluate the evidence to determine if the change is in the child’s best interests. While an agreement between parents is preferred, one parent can petition the court to modify custody if they can prove a significant change in circumstances.
Q. How do I file for child custody modification on Long Island, New York?
A. You can file a petition in the Family Court where the original custody order was issued. This would be in Supreme Court in Nassau County or Suffolk County or Family Court in Suffolk County or Nassau County. It’s best to work with an experienced family law attorney to ensure proper documentation and strategy.
Q. Can child custody be modified without going to court?
A. Parents can agree to modify custody through mediation or a written agreement, but court approval is often required to make the change legally binding.
Q. Can temporary custody modifications be granted?
A. Yes, temporary changes can be granted if there is an urgent situation, such as safety concerns or emergencies. Courts may issue temporary orders until a full hearing is held.
Q. Do I need a lawyer to modify a custody order?
A. While you can file on your own, having an experienced family law attorney on Long Island increases your chances of success. An attorney can present strong evidence and ensure that your child’s best interests are clearly represented.
Q. How long does it take to modify a custody order?
A. The timeline depends on the court’s schedule, the complexity of the case, and whether both parents agree. It can range from a few weeks for uncontested modifications to several months for contested cases.
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Horberger Verbitsky, P.C. partners Robert E. Hornberger, Esq. and Christine M. Verbitsky, Esq.
