Over time, circumstances change, and a child custody or visitation schedule that once worked for your family may no longer work. Fortunately, New York law allows parents to seek modification of their custody or visitation arrangement in order to reflect these changes. However, it is important to know when and how to seek such a change in order to avoid any legal complications.
In order to request a change in your custody or visitation arrangements, you will need to demonstrate that there has been a significant change in either the child’s or parent’s circumstances. This can be accomplished through a variety of means. For example, if the other parent is refusing to honor their visitation or parenting time agreement, this can be grounds for a modification as it could be harmful to your children. Additionally, if one parent develops a medical condition that makes them unfit to care for the child, this is also reason to seek a change in custody.
Other changes in circumstance that can warrant a custody change include one parent moving and wanting to take the child with them, a parent seeking a job that requires travel, or one parent adopting a lifestyle that is not healthy for the child such as drug addiction or alcoholism. Generally, it is more common for negative changes in circumstances to warrant a modification, but positive ones can be just as valid and worthy of consideration by a judge.
In some cases, a parent will have a specific preference for one parent or the other that they can express to the judge, and this can sometimes be enough to win a modification based on the child’s preference. However, this can be a complicated process that should always be undertaken with the help of an experienced Miami divorce & family lawyer.
If you are considering filing for a modification, the first step is usually to discuss your case with your attorney and provide them with evidence of the material change in circumstance. This can be in the form of witnesses, documents or other evidence that can support your claim. It is also important to keep in mind that there must be a direct link between the material change and the adverse impact on your children.