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New York Family Law Attorney

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Can a child custody order be modified?

On Behalf of | Oct 1, 2021 | Child Custody And Visitation |

Parents in New York make many different decisions for their children as they raise them. Some of these decisions are for day-to-day issues and some are major decisions that could have major effects on their children’s lives. How parents make these decisions will vary depending on the circumstances of their relationship. If they are married, they may just sit down and discuss them, but if they are divorced, these decisions will be made in accordance with child custody orders.

The custody orders are generally issued when the couple is divorced or when they end their relationship. After the orders are issued, they will remain in place until the children are emancipated, which could be many years later, especially if the children were young at the time of the order. Over the years as children grow older things will change. This is true for both the children and the parents. Due to these changes, the custody order that was issued years earlier may no longer be in their best interests.

When custody can be modified

Parents may feel like the custody orders need to be modified. However, they cannot be changed simply because a parent is no longer happy with it. The goal of custody orders is to establish stability for the children. So, a parent seeking modification of a custody order must demonstrate that there has been a substantial change in the circumstances. They also must show that the proposed changes to the custody order are in the children’s best interests.

After a divorce in New York, both the parent’s and children’s lives will change. People are separating one shared life into two separate lives. As they do this there will need to be a custody order in place, which are in the best interests of the child at the time of the divorce. What is in the best interests for a three year old may not be in their best interests when the children are a teenager though. Circumstances may change and parents may need to modify their custody orders. Experienced attorneys understand the requirements that must be met to modify a custody order and may be able to guide one through the process.

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