Nassau County Custody Modification Lawyer
Grounds for Custody Modification in New York
When examining a request for a modification of a custody or visitation order, the courts will use a two-part test. The party seeking the modification must first demonstrate a change in circumstances since the last order was entered. After the party satisfies the court that there has in fact been a change in circumstances, then the party must prove that the modification is in the child’s best interest. In addition to filing the petition for the modification, the party seeking a modification must also show evidence that the hearing is justified.
Reasons for seeking a modification of custody or visitation may include:
- A parent’s desire to relocate
- Allegations of abuse or neglect
- The child’s age
- A parent can no longer afford to care for the child
- The child’s interests or activities change
- A parent’s job changes
- Non-custodial parent not using visitation time
- A parent becomes incarcerated
- A parent develops mental health or substance abuse problem
In parenting agreements, as in life, things are constantly changing; therefore, a once satisfactory custody or visitation agreement may need to be modified at some point. Alternatively, a party may seek to change a custody agreement because the other parent is either not taking advantage of their custodial or visitation rights, or the parent’s behavior may raise a cause for concern for the child’s safety, or for other reasons.
If you are seeking to modify the child custody or child visitation orders, the skilled attorneys of Jason Barbara & Associates, P.C. can help you ensure that your best interests, and those of your child, are represented.
Emergency Visitation Scenarios
If you suspect that your child is being placed in danger during a visitation, or being taken somewhere without your knowledge, you should call the police immediately. In this situation, you may need to seek an emergency court order. Dangerous situations include when a parent is leaving a child unattended, if a parent has illicit drug users or criminals around in your child’s presence, or if a non-custodial parent attempts or intends to relocate your child. In any of these situations, you will most likely need to file a petition with the court to change visitation, or in some cases to require the other parent to produce the child.
When the Other Party Ignores a Visitation or Custody Order
This is probably the most common problem with custody or visitation agreements. If a party fails to obey a court order regarding custody or visitation, the complaining party may file a petition with the court alleging a violation of the order. After a hearing regarding the petition, the judge may order a change and/or impose sanctions on a party who has failed to comply with the order.
Visitation or Custodial Complications
If your child expresses a deep seated unhappiness when visiting with the other parent, you may have grounds to amend the order. Keep in mind, however, that absent exigent circumstances, the court likes to encourage a relationship with both parents.
Alternatively, if you are encountering arguments or other disagreements at the time of drop-off, you may want to establish a neutral safe drop-off location, such as a school, library, or police station. Additional options include supervised visitation with another trusted adult or court appointed supervisor.
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