If you are having a tough time adapting to your situation’s recent changes because of your custody order, you may be able to request the court for an update. This legal process can help provide flexibility for you and your children as you try to manage your current circumstances.
Here are three things you need to know about New York’s child custody modification requirements and procedures:
What is the legal requirement for changing custody?
New York City family courts have jurisdiction over cases concerning family law. This includes enforcement and modification of your custody and visitation orders. To start with this process, you can file a “custody/visitation modification” petition with the court that made your original order.
For your case to be considered, it must prove one of the following:
- A substantial change in circumstances
- A notable change in the child’s educational and/or healthcare needs
- A parent becoming unfit for custody (e.g., substance abuse, violence)
No matter which reason you provide, the court will seek to determine whether the change will be for your “child’s best interests” or not. Since the cases are assessed by the courts on an individual basis, there is no specific period for custody modification decisions.
What happens after I submit my petition in court?
After you submit your request for a custody modification petition, you must formally serve your ex with a copy of the document and the summons to appear in court. Once your hearing date has been scheduled, you and your lawyer (if you have one) must present your supporting evidence to the judge.
The judge’s decision will depend on the credibility of you and your ex’s respective documentation and witness statements, and how each of your arguments can illustrate why the request for change in custody is necessary or not.
What if my ex is violating our custody order?
If your ex is not following your custody order or visitation arrangements, you have the right to file an “enforcement” petition in family court. This action helps enforce a court order when there is clear proof of violation from either parent. Three common examples of these violations include:
- Denying the other parent of their scheduled visitation time
- Blocking off the other parent’s communication efforts with their child
- Failing to return the child at the end of their visitation time
Depending on the severity of your ex’s violation, the court may impose fines, jail time and/or permanent loss of custody.
By gaining better insights into the legal steps involved, you can prepare your petition efficiently and attend your court hearing with confidence. This not only empowers you of your rights but also helps you move forward with your new situation free of uncertainty.