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When a family’s child custody arrangement becomes unworkable, one or both parents may return to the court to request a modification. A parent who believes that their ex cannot safely care for their children might seek sole custody. Conversely, a parent without custody rights may petition the court to obtain joint custody.
Before seeking modification of your custody order, you should familiarize yourself with New York’s custody laws and what to expect during a modification proceeding. A New York child custody lawyer can help you understand your rights and options.
Understanding Joint vs. Sole Custody
Courts can order joint or sole custody arrangements for physical and legal custody. In a joint custody arrangement, parents typically share physical and legal custody of their child, which means that both parents exercise overnight custody and must discuss and agree upon decisions for their child, such as those involving their education, healthcare, and religious or moral upbringing. In a sole custody arrangement, only one parent exercises custody. However, when a parent has sole physical custody, the court may grant the other parent limited supervised or unsupervised visitation.
Reasons for Modifying Custody
Parents may have various reasons for petitioning the court to modify the family’s custody arrangement. Some of the top reasons behind modification petitions include:
- Parental relocation
- Changes to parents’ work schedules
- Changes in a child’s educational or extracurricular schedule
- Changes in a child’s needs or preferences
- Child abuse or neglect
- Domestic violence
- Concerns about safety in a parent’s home
The Process of Modifying Custody
When a parent wishes to modify the family’s custody arrangement, they must file a petition or motion for modification with the court that issued the current custody order. The petition must state the grounds for modification and the new custody arrangement the parent wants. The parent’s petition should also explain why modifying custody will serve their child’s best interests. The petition must demonstrate that there has been a substantial change of circumstances since the entry of the initial custody order making it in the best interests of the child for custody to be modified.
Courts cannot modify custody based on the convenience or wishes of the child’s parents. Instead, courts must consider whether a custody arrangement will serve the child’s best interests, with a preference for maintaining both parents’ involvement in their child’s life if possible. Courts consider various factors to determine a child’s best interests, including:
- The nature of each parent’s relationship with the child, including which parent has assumed primary caregiver duties
- Each parent’s parenting skills and their ability and willingness to provide for the child’s needs
- Each parent’s physical and mental health
- Any history of domestic violence in the family
- Each parent’s work schedule and childcare plans
- The child’s relationships with their siblings and other family members
- Each parent’s willingness and ability to cooperate with the other to encourage their child’s relationship with the other parent
- The child’s preferences, if the court finds the child is mature enough to express a reasonable preference
In most cases, courts hold hearings to consider modification petitions, during which parents can present evidence, testimony, and legal arguments in support of their respective positions.
Practical Considerations
Parents considering petitioning for custody modification should evaluate the practical considerations of changing the custody arrangement. Most importantly, parents should consider how changing custody or parenting time will affect their child. Reducing the time a child spends with their parent, especially without safety concerns, can harm their relationship with that parent. Parents should also consider their ability and willingness to communicate and cooperate with their ex regarding custody, including whether involving a parenting coordinator or mediator might help resolve their disputes.
Contact Our New York Child Custody Attorney Today
Before petitioning to modify custody, talk to an experienced family law attorney to discuss your options. Contact The Saul Law Firm LLP today for an initial consultation to learn how a New York divorce lawyer can help you protect your rights and your children’s rights and interests.