Marriage is full of happy times, milestones, and new experiences. During those happy moments, you may have decided to have children and build a family. Now that the love is gone and you are facing a separation or divorce, there is a major consideration you need to take, where will the children go?
While you may think you are the best fit for the child, your spouse may not. This can lead to heavy contention amongst the both of you. Instead of starting this new chapter with conflict, let a New York City custody modifications attorney handle the complex legal processes and find the best solution for you and, most importantly, your child.
Reasons for Custody Modifications
Once a custody arrangement has been set in place and everyone agrees to it, there will be instances where it can be changed. This is not permanent since lifestyles can change and the needs of the child may evolve. Here are several reasons why you may need to modify a custody arrangement such as:
- Substance abuse from one parent
- The child is requesting a change. They must be over the age of 12
- Domestic violence concerns
- A parent is suffering from a severe medical condition
- Relocation of a parent
- Abandonment or neglect from a parent
- A significant change in income of the custodial parent
- The custodial parent does not make visitation available for the other parent
- The custodial parent has unpredictable hours and changes jobs frequently causing instability
- A custodial parent moves sound a lot also providing instability for the cold
There may be other reasons that you need a custody modification and this should be discussed with your New York City custody modifications attorney.
What is a Substantial Change in Circumstances?
One parent may face substantial change in circumstances which causes the need for custody modification. This is key as you will need to prove to the court that there was a considerable change. This change must have affected the original divorce and custody agreement. Some of these changes include:
- Job loss
- Change in lifestyle
- Criminal conduct
As we previously mentioned, a child over the age of 12 can request a modification to spend more time with the other parent. There are many reasons you may need to modify custody, and this should be discussed with a New York City custody modifications attorney.
Is Going to Court Mandatory to Modify a Custody Arrangement?
Many modification cases do not need to go to court if both parties agree on the changes and establish a new arrangement independently and with their attorneys. It is never advised to have an informal arrangement as things can change, and these have no legal binding. You may want to have a judge sign off and have everything in writing, so there are no issues down the line.