Long Island Family Attorney

Are you entitled to a child custody modification?

Going through a divorce is hard, but going through child custody is harder. In most cases this is a major factor that parents face when going through a divorce or separation. It’s tough on the parents and children as well going through the changes. If you have recently settled with a court approved child custody settlement and wish to change it, you can. You can change it with another court order called a child custody modification. This means if a parent is not happy with the final decision and they wish to change it can try to negotiate a new agreement with their ex-spouse or they can petition the court for a new order. It is not that easy because the court does not change settled issues. You have to show a substantial amount of reasons as to why it would be in the best interest of your child.

How do you know you’re entitled to a child custody modification and if it’s worth it going to court for your situation? If you want to change the status of your child’s custody, you need to show the court why and show significant reasoning. Here are some reasons that the judge would agree to a child custody modification. If you’re looking out for the best interest of your child, you want to make sure that changing the custody arrangement will not disrupt the child’s life and affect it in any way. If you suspect the child may be facing danger domestic violence in the parent’s home. Relocation can also grant a child custody modification if one of the child’s parent is moving somewhere distant. Noncooperation with the visitation schedule, if one of the parents aren’t cooperating with the the visitation schedule. A final reason is the death of a parent, if one of the parents have a sudden death. The judge will most likely give full custody to the parent who is still alive.

Simonetti and Associates have served clients on Long Island for more than 28 years. If you are looking to modify your child custody or legal advice on what steps to take, contact us today.