If you are a divorced parent in New York and your circumstances have changed, such as your income or your child’s needs, you may need to modify your child custody or support orders. Fortunately, the New York family court system allows for modifications under certain conditions.
In this blog post, we’ll discuss the steps you need to take to modify child custody or support orders in New York.
Step 1: Determine if You Qualify for Modification
The first step is to determine whether you qualify for a modification. In New York, child custody and support orders can be modified if there is a significant change in circumstances. This means that the circumstances that existed when the original order was made have substantially changed, making it necessary to modify the order.
Some examples of circumstances that may qualify for modification include:
- A change in the child’s needs or health
- A significant increase or decrease in the income of either parent
- A change in the parent’s living arrangements
- A change in the parent’s employment status
If you believe you meet the requirements for a modification, move on to the next step.
Step 2: File a Petition for Modification
The next step is to file a petition for modification with the family court in the county where the original order was made. You will need to provide specific details about the circumstances that have changed since the original order was made and explain why the modification is necessary.
You will also need to provide documentation to support your petition, such as:
- Proof of income, including tax returns and pay stubs
- Medical records or other documentation of your child’s needs
- Proof of changes in living arrangements or employment status
- Once you have filed your petition, the court will schedule a hearing to review your case.
Step 3: Attend the Hearing
At the hearing, you will have the opportunity to present your case and explain why the modification is necessary. You should bring all of your supporting documentation with you to the hearing.
The other parent will also have the opportunity to present their case and argue against the modification. It’s important to remain calm and respectful throughout the hearing, even if there is tension between you and the other parent.
Step 4: Await the Court’s Decision
After the hearing, the court will review the evidence presented and make a decision. If the court approves the modification, it will issue a new order with the updated terms. If the court denies the modification, the original order will remain in place.
It’s important to note that child custody and support orders can only be modified by a court order. Even if you and the other parent agree to a modification, it’s not legally binding unless it’s approved by the court.
It’s also important to note that you should not stop making payments or following the terms of the original order until a new order has been issued by the court. Failing to comply with the original order could result in legal consequences, such as fines or even jail time.
If you are considering modifying child custody or support orders, it may be helpful to seek the advice of an experienced family law attorney. They can guide you through the process and help ensure that your case is presented in the best possible light.
In addition, if you are facing a modification petition from the other parent, it’s important to take it seriously and seek legal representation to protect your rights and interests.
Modifying child custody or support orders in New York can be a complicated process, but it is possible under certain circumstances. By following the steps outlined above and seeking legal guidance when necessary, you can work towards a fair and just outcome for you and your child.
As a law firm located in Albany, New York, we at Jean M. Mahserjian, Esq., P.C. specialize in family law, including child custody and support cases. We understand that modifying child custody or support orders in New York can be a complicated and emotional process for our clients. That’s why we are here to provide legal guidance and representation to clients who are seeking to modify their child custody or support orders.
We can assist with evaluating your case, preparing and filing a petition for modification with the family court, representing you at court hearings, negotiating with the other parent, and providing guidance on how to comply with the new terms once a modification order has been issued.
At Jean M. Mahserjian, Esq., P.C., we believe in working closely with our clients to understand their unique situations and help them achieve their goals. We understand that each case is different, and we strive to provide tailored legal solutions to meet our clients’ needs.
If you are seeking to modify your child custody or support orders in New York, we are here to help. Our experienced attorneys can guide you through the legal process and work towards a fair and just outcome for you and your child.
