Missed Child Custody Date

Are you afraid your going to miss a family court date? Watch this video about a missed child custody date to learn what can happen.

---

Are you or a loved one dealing with a parenting time issue and have questions about a missed child custody date? Contact our experienced Saratoga child custody lawyers at Jean Mahserjian, Esq., PC today to schedule a confidential consultation and case evaluation. Let our experience work for you.

Like Us on Facebook

How to Modify a Child Custody Order in Rensselaer County, New York

Child custody arrangements are a crucial aspect of divorce or separation cases, as they determine the well-being and future of the children involved. Life is constantly changing, and sometimes, the circumstances that led to the initial child custody order may evolve. In such cases, it might become necessary to modify the existing custody order to better reflect the current situation and the best interests of the children. If you find yourself in this situation in Rensselaer County, New York, understanding the process and requirements for modifying a child custody order is essential.

When Can You Modify a Child Custody Order?

In Rensselaer County, as in other places, courts understand that circumstances can change significantly after a custody order has been established. Some common reasons for seeking a modification might include:

• Change in Parental Circumstances: If one parent’s living situation, job, health, or other important factors have substantially changed, it could impact their ability to continue with the existing custody arrangement.
• Relocation: If one parent is planning to move, especially if it will affect the current visitation schedule, a modification might be necessary to ensure that the best interests of the child are still met.
• Child’s Preference: As children grow older, their preferences and needs might change. If a child expresses a strong desire to live primarily with one parent, the court may consider their wishes, especially if they are mature enough to make such decisions.
• Safety Concerns: If there are concerns about the child’s safety due to a parent’s behavior, such as substance abuse, domestic violence, or neglect, a modification might be necessary to ensure the child’s well-being.

The Process of Modifying a Child Custody Order

Step 1: Consultation with an Attorney

Before taking any legal action, it’s crucial to consult with an experienced family law attorney who is familiar with the child custody laws in Rensselaer County, New York. An attorney can help you understand the legal process, assess your situation, and guide you on whether you have valid grounds for seeking a modification.

Step 2: Filing a Petition

To initiate the modification process, your attorney will help you file a petition with the family court that issued the original custody order. The petition should outline the reasons for the requested modification and provide supporting evidence to justify the change.

Step 3: Presenting Evidence

Once the petition is filed, both parties may need to provide evidence that supports their claims. This evidence could include documents, witnesses, and expert testimony, all aimed at demonstrating why the modification is in the best interests of the child.

Step 4: Evaluation of Best Interests

The court’s primary concern is the well-being of the child. The judge will evaluate the evidence presented and consider what arrangement will best serve the child’s physical, emotional, and developmental needs.

Step 5: Attending Mediation

In some cases, the court might require both parties to attend mediation before proceeding with a full trial. Mediation can provide an opportunity for parents to reach an agreement outside of court, which can be less stressful and time-consuming.

Step 6: Court Hearing

If an agreement is not reached through mediation, a court hearing will be scheduled. During the hearing, both parties will present their arguments and evidence to the judge. The judge will then make a decision based on the information presented.

Requirements for Modifying a Child Custody Order in Rensselaer County

Modifying a child custody order is not a simple process, and the court places great emphasis on ensuring the child’s stability and well-being. To successfully modify a custody order in Rensselaer County, the following requirements need to be met:

• Significant Change in Circumstances: There must be a substantial change in circumstances since the issuance of the original custody order. This change should directly affect the child’s well-being and necessitate a modification.
• Best Interests of the Child: Any modification sought must demonstrate that it is in the best interests of the child. The court will consider factors such as the child’s relationship with each parent, their preferences (if age-appropriate), and their current living situation.
• Proper Documentation: Accurate and relevant documentation supporting the reasons for modification is crucial. This might include medical records, school reports, employment records, and any other evidence that supports your claim.
• Non-Compliance: If one parent is not adhering to the existing custody order, this could be a valid reason to seek a modification. Document instances of non-compliance to strengthen your case.

The Role of Mediation

Mediation plays a significant role in the process of modifying a child custody order in Rensselaer County. As mentioned earlier, mediation can be a mandatory step before a full court hearing, giving both parents a chance to work together and find a solution that benefits the child without the need for an adversarial legal battle.

During mediation, a neutral third party, often a trained mediator, facilitates discussions between the parents. This environment encourages open communication and the exploration of potential compromises. Mediation can be particularly helpful when the parents need to maintain an ongoing co-parenting relationship, as it can foster a more cooperative and amicable environment.

If an agreement is reached during mediation, it is then presented to the court for approval. The court will consider the agreement’s alignment with the child’s best interests and may approve it unless there are significant concerns.

Refusing Overnight Child Custody Periods

I signed the birth certificate and paternity. What are my rights without a custody agreement in place?

Question:

I am currently awaiting court on the 28th with my ex. We were never married. I did sign the birth certificate and the paternity when my daughter was born. My daughter is 4 months old, formula fed as well. My ex won’t let me take her overnight and lately is ignoring my request to pick my daughter up. She says she doesn’t think I’ll wake up when she cries; that’s why I can’t have her overnight. I live on my own and my daughter has her own room with her nursery all set up. What are the chances I will get 50/50 legal and 50/50 physical custody? We live only 10 minutes away from each other? Also, her step dad is in the military and they move every 3 years? Currently my ex lives back home. Does this show an unstable living environment due to the constant moving?

Download Our Free Divorce Guide

Answer:

You certainly have rights as a parent and a court will award parenting time. It does not sound like there is any reason why you should not have overnight periods as well. I would need much more information to advise on your likelihood of obtaining an order of shared custody. If the mother is married and her husband relocates, you will both be in a very difficult situation. She will want to move with her spouse and you will want your daughter to stay with you. That is going to be a very difficult case for any judge. That he moves due to his career does not show an unstable living environment.

This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Saratoga County Lawyer handling child custody matters.  This does not consent an attorney client relationship.

Steps to Take if the Respondent Doesn’t Show up to Family Court for Modification

Question:

I filed to lower my support as now i am only making half of what i was making a couple months ago because the temp agency ended my assignment due to lack of work now i am making about 9,75 a hour for 24-32 hours a week. I am wondering what happens if the custodial parent fails to show up to the hearing.

Download Our Free Divorce Guide

Answer:

That may depend on when and how the Respondent was served. Generally, the court mails the Summons to all parties, and expects them to appear. If a party fails to appear at the very first appearance, the court most frequently reschedules for a further date to “allow for service.” The court may assign the Sherriff to serve the Respondent, or may ask you to arrange for this.

If there is “proof of service” (a written notarized statement by a person other than you who is over 18 years of age stating that he/she personally delivered the Summons directly to the Respondent), and the Respondent still fails to appear, you may be entitled to your requested reduction on the basis of the Respondent’s default (failure to appear).

You should bring with you proof of your income and your reduction of income to your court appearances. Even if there is no proof of service at the first appearance, you should request a temporary reduction in your support obligation pending the next court date to prevent your overpayment to the Respondent. That is because you cannot be reimbursed for overpayments of support that you make, so you should request this to protect yourself while the matter is pending with the court.

Are you living in the Saratoga area and looking to reduce your child support payments?  Contact one of our dedicated Attorneys at Jean Mahserjian PC.

This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Saratoga Child Custody Lawyer in Clifton Park.  This does not consent an attorney client

Download Our Free Divorce Guide

The Impact of Relocation

Relocation can be a particularly complex issue in child custody modification cases. If one parent wishes to move a significant distance away, it can have far-reaching implications for the existing custody arrangement and the child’s routine.

In Rensselaer County, if a parent with primary physical custody of the child wishes to move, they must notify the non-custodial parent. The non-custodial parent then has the opportunity to object to the move. If an objection is raised, the court will evaluate the situation and make a decision based on the child’s best interests, considering factors such as the reason for the move, the child’s relationship with both parents and how the move might impact the child’s life.

Modifying a child custody order in Rensselaer County, New York, is a complex legal process that requires careful consideration and a strong presentation of evidence. Whether you’re seeking a modification due to changed circumstances, safety concerns, or other reasons, consulting with an experienced family law attorney is the first and most crucial step. Mahserjian & Mahserjian-Ortiz, PLLC is here to provide you with the expertise and guidance you need to navigate the legal complexities of modifying a child custody order. Our dedicated team understands the importance of protecting your child’s well-being while ensuring your rights as a parent are upheld. Contact us today to schedule a consultation and take the first step toward securing the best possible future for your child.