Long Island Custody Modification Attorney
Advancing the best interests of your children after circumstances change.
Your child custody order, or court-approved child custody settlement, has the force of law, so you can only change it with another court order, called a child custody modification. Parents who desire a modification can attempt to negotiate a new agreement with their ex-spouses or petition the court for a new order. However, the court does not change settled issues lightly; you must demonstrate a substantial change in circumstances that compel the court to act in your child’s best interests. Since 1990, Simonetti & Associates has helped parents in Nassau and Suffolk Counties obtain reasonable, justifiable modifications to custody orders. Our firm also argues against modification when a change is not warranted. Our firm has the experience to manage your custody issue efficiently and cost-effectively.
Why do child custody agreements need to be modified?
The factors New York judges consider when deciding whether to approve a child custody modification include:
- Best interests of the child: The standard test is whether the benefits of changing the custody arrangement outweigh the inherent adverse effects of disrupting the child’s life.
- Imminent danger to the child: In assessing the threat to the child, judges consider the following:
- Whether domestic violence is occurring in a parent’s home
- Whether the danger to the child is imminent
- Whether the child has expressed an unwillingness to remain in the home where danger may be present
- Relocation: Judges can grant a child custody modification if one of the child’s parents needs to move to a distant location.
- Noncooperation with the visitation schedule: If one of the parents is not cooperating with the current visitation schedule, a court may consider changing the child custody arrangement to modify it.
- Death of a parent: If a child’s custodial parent dies, a judge is likely to give custody of the child to the surviving parent unless the surviving parent is deemed unwilling, unable, or unfit to care for the child.
How does a custody modification affect child support and alimony?
Changing the custody arrangement can force a change in the amount of child support being paid. For example, if the parents modify the order so the children can live with the father most of the time, the father may no longer be required to pay child support to the mother. In certain circumstances, this type of modification may result in a modification of spousal support.
Areas Of Practice
- Adoption
- Alimony
- Child Custody
- Child Custody Modification
- Child Support
- Collaborative Law
- Complex Divorce
- Divorce
- Equitable Distribution of Assets
- Fathers’ Rights
- Martial Property
- Mediation
- Orders Of Protection
- Pre/Postnuptial Agreements
- Relocation
- Same-Sex Adoption
- Same-Sex Divorce
- Separation Agreements
- Uncontested Divorce
- Visitation
Call our family law firm today for a free consultation.
If you need to modify your child custody agreement, contact a Long Island, NY, divorce law firm that provides valuable representation at a low cost. Simonetti & Associates works to minimize the stress associated with custody battles and helps you protect your children’s best interests. Our main office is in Syosset, and we have a second office in Water Mill, NY. For your convenience, we offer flexible business hours and always return phone calls, even after hours. For your free consultation, call 877-385-2560 or contact us online.
Our Recent Custody Modification Blogs
What Is a Child Custody Modification?
One of the most critical factors parents keep in mind when going through the process of divorce is protecting the children. A divorce or separation can have a profound impact on the rest of a child’s life, which is why the courts focus custody matters on the child’s best interests. However, life is prone to […]
Read MoreHow is Child Custody Determined in NY?
The decision to file a divorce is often not taken lightly. When a marriage also includes children, the decision can become even more stressful. Fighting for custody can be emotionally draining, but we can help. At Simonetti & Associates, our Smithtown family lawyer would like to walk you through how child custody is determined in […]
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How Our Suffolk Divorce Lawyer Will Help You While it is an unfortunate reality, anyone can be subject to sudden unemployment at any time. Although some may bounce back from a situation like this right away, others can be put under extreme hardships as a result. If you’re required to pay child support but have […]
Read MoreModifying Divorce Support
Overview Many New Yorkers will find themselves working from home and social distancing. COVID-19 has changed the way we operate in our everyday lives. If you are in need of a divorce attorney in Nassau County, Simonetti & Associates are working hard through these stressful times to provide you with the services you need, while […]
Read MoreSupervised vs. Unsupervised Visitation
When going through a divorce, it’s never easy to come to an agreement, especially regarding child custody and visitation rights. Every family and couple is different and every circumstance is unique. Some families are in a situation where they must decide whether to practice supervised visitation. For the safety and well-being of your children, it […]
Read MoreWhat is Child Support Modification?
Child support can be pricey. However, what you pay in New York State is based on your gross income, so you shouldn’t be struggling to pay it. If you have recently experienced a change in your life that is causing you to struggle to pay for child support, you qualify for child support modification. Child […]
Read MoreLong Island child custody modification before the school year starts.
Going through a divorce on Long Island can be tough for the children and adults involved, especially when it comes to child custody. After getting all of that worked out, some may choose to try and modify their child’s custody rights. Modifying may be granted if it is in the best interest of the child […]
Read MoreVisitation Arrangement Modified Pursuant to a Neglect Proceeding
A Long Island Child Custody Lawyer stated that this appeal was the result of an April 2010 order of the Family Court pursuant to a neglect proceeding. In April 2010, the Family Court granted joint custody of the child to the mother, the father, and the grandmother, with the grandmother having physical custody. The order […]
Read MoreModification of Child Custody Arrangement
A Long Island Child Custody Lawyer said this is an appeal from an order of the Family Court of Steuben County, granted on November 15, 2013, transferring primary physical placement of the subject child from respondent-mother to petitioner-father. A New York Family Law Attorney said the grounds for the appeal are that the Family Court […]
Read MoreModifying a Visitation Schedule
As children grow, parents with a visitation arrangement often find that the schedule is no longer working for any number of reasons; such as different school hours or a change in a parent’s work schedule. If the visitation arrangement you have with your child isn’t serving his or her needs, a modification is possible. The […]
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