Custody orders outline parental rights and responsibilities when parents divorce or stop living together. Parents have a legal responsibility to uphold the custody order, and they are at risk of enforcement actions if they fail to do so.
In cases where it is clear that the current custody order does not properly address the family’s needs, parents could potentially go back to family court in pursuit of a custody modification. When is it possible to alter a custody order already approved by a judge in New York?
When parents agree
Uncontested custody modifications are often a simple legal matter. If parents reach an agreement about how to adjust an existing order, they can submit paperwork to the court to adjust the order based on their new agreement. As long as the judge agrees that the new terms are in the children’s best interests, parents can propose any changes they deem appropriate.
When parents don’t agree
If parents do not agree on the need for a modification or the details of a modification, a judge may need to review the case. Contested modifications require that the parent requesting the modification provide evidence of a change in circumstances. They must also convince the judge hearing the case that the proposed modifications are in the best interests of the children.
Both those working with a co-parent to modify a custody order and those embroiled in a dispute about a potential modification may need guidance from a New York custody attorney. Understanding when the courts may agree to modify custody orders can help parents take appropriate and timely action when orders become outdated and ineffective.