Modifying Existing Custody Orders

Making Changes To Your Custody Plan

When significant life changes happen to a parent or child, it may be necessary to modify an existing child custody plan. Changing child custody orders must be shown to be in the best interests of the child or children.

At Trotto Law Firm, P.C., firm principal Jonathan Trotto understands there are circumstances that require a child custody order to be revisited. There are also instances when, unfortunately, the change that is requested is not able to be made. There are several reasons for this.

Life Changes That May Require A Custody Modification

There are several “substantial changes in circumstances” that could potentially warrant a modification to your New York child custody order. These include:

  • Changes in the health of a parent: This can involve physical health, addiction or general mental health.
  • Changes in the needs of the child: Major life changes in a child’s life may merit a modification of custody.
  • A parent relocates or remarries.
  • A parent does not follow the visitation order.
  • A child who is older than 12 requests a change.
  • A parent abandons, neglects or abuses a child.
  • A parent is incarcerated.
  • A parent has a significant change in job or income. For example, a parent needs to work 48-hour shifts or overnight shifts.

Other modifications may include minor visitation changes, which are typically less disruptive to children than major custody modifications. Some parents are able to work together to create a short-term modification without going to court. In other instances, it is best to create a new legally binding agreement that clearly states expectations and obligations and that holds both parties accountable.

Putting Your Child’s Safety And Well-Being First

At Trotto Law Firm, P.C., we know there is nothing more important than the health, safety and well-being of your child. We have the experience and skill needed to pursue and attain custody order modifications. We can also help parents who feel a modification is not in their child’s best interests. Call 585-453-0040  or send us an inquiry email. We offer a free initial consultation.