Can Child Custody Orders Be Changed in New York?

For many parents on the road to divorce, the court process can be daunting, especially when it involves their children. Even though it can be intimidating to have your time with your own children laid out in an official court order, that doesn’t mean it will always be set in stone. A lot can change.

What a lot of newly divorced parents don’t know is that child custody orders are open-ended. This is because of so many changes in the lives of children and their parents. As children grow older, their needs, activities, and lifestyles change, sometimes dramatically and the same goes for parents. New jobs, new spouses, new disabilities, etc. can all mean a change in circumstances, which gives rise to a child custody modification.

Reasons to Change a Custody Order

There are many valid reasons to change a current child custody order and fortunately, the courts are well-aware of this. If something has changed in your life or in your child’s life, you may need to go back to court and ask to have the custody schedule changed. In light of that, here are some common reasons why child custody orders are modified (changed):

  • The child does not get along with the custodial parent’s new spouse.
  • The custodial parent becomes disabled or terminally ill.
  • The custodial parent wants to relocate and the child does not want to move away.
  • The child gets older and wants to move in with their other parent.
  • The custodial parent develops a mental illness or substance abuse problem.
  • The custodial parent is abusive toward the child.
  • The custodial parent neglects the child or places the child in dangerous situations.
  • The custodial parent can’t afford to support the child.

If you are interested in changing your current child custody order, especially if it does not reflect your current circumstances, you may need to have child support changed as well. Generally, whoever has the child more of the time receives child support.

If you have been paying child support and you want your child to move in with you, it would probably make sense to ask the court to change the child support order. Since child support does not change without going to court, this should be handled promptly.

To learn more about modifying child custody and support orders, contact us today by calling (845) 605-4330.

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