When you’re facing the results of a New York custody order, it’s natural to feel overwhelmed, especially if the decision does not reflect what you believe is in the best interest of your child. You may have concerns about how the custody order impacts your life, your child’s well-being, and your relationship with your family. At Mahserjian & Mahserjian-Ortiz, PLLC, we understand that these emotions are valid and are here to help you navigate through this difficult process. Our team is dedicated to supporting you every step of the way, ensuring that you can work toward a fair and just resolution for your case. This guide explains what options are available to you if you’re unsatisfied with a New York custody order.
Understanding Your Custody Order
Before taking any action, it’s important to fully understand the custody order you’ve received. A custody order determines how parents share time with their children, including visitation rights, decision-making responsibilities, and where the child will live. In New York, family law courts make these decisions based on the child’s best interests, considering factors such as the child’s age, the parents’ ability to care for the child, and the child’s relationship with each parent. If you’re dissatisfied with the custody order, it’s crucial to determine the specific aspects that concern you.
Perhaps the schedule is not practical for your daily life or the parenting plan is not working as expected. Sometimes, the court may have overlooked or misjudged certain facts that would have made a difference in the decision. Understanding these details can help you decide whether you have grounds for seeking a modification or appealing the decision. With this understanding, you can begin to consider your legal options to address your dissatisfaction with the order.
Seeking to Modify the Custody Order
If you believe that the current custody order no longer serves the best interests of your child, you may be able to seek a modification. New York law allows for modifications of custody orders, but there are certain conditions that must be met to justify such a change. The court will consider whether there has been a substantial change in circumstances since the original order was made, and whether the change would benefit the child.
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For example, if there have been significant changes in your or the other parent’s living situation, employment, health, or ability to care for the child, this may be grounds for modification. Another common reason for modification is if the child’s needs have changed, and the current custody arrangement no longer meets those needs. This could involve the child’s schooling, health care, or emotional well-being.
To start the process, you will need to file a petition for modification in family court. Your case will then be reviewed, and the judge will decide whether to grant the requested changes. It’s important to present strong evidence of why the modification is necessary and how it will serve your child’s best interests.
Appealing the Custody Order
If you disagree with the court’s decision and believe it was made in error, you may consider appealing the custody order. An appeal is a process in which you ask a higher court to review the decision made by the family court. An appeal may be possible if you feel that the judge misinterpreted the law, ignored important evidence, or made a decision that was not in the best interests of your child.
Appealing a custody order is a complex process that requires a detailed review of the legal grounds for appeal. It’s important to note that appeals are typically not a way to reargue the facts of the case, but rather to challenge the legal aspects of the decision. If you choose to appeal, it’s essential to work with an experienced attorney who can guide you through the process and help ensure that your appeal is properly presented.
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What Evidence Is Needed to Modify or Appeal a Custody Order
Whether you are seeking a modification or considering an appeal, having the right evidence is key. For modifications, evidence that demonstrates a change in circumstances is essential. This could include medical records, school reports, testimony from professionals, or documentation of changes in either parent’s living conditions or behavior. The goal is to prove that the current custody arrangement is no longer working and that the change you seek will be better for the child.
In cases where you are appealing a custody order, the evidence presented during the original trial will be reviewed by the appellate court. If new evidence is relevant and could impact the decision, it may be considered as part of your appeal. Working with a lawyer who is well-versed in child custody cases can help ensure that all the necessary evidence is presented correctly and effectively.
How Long Will the Process Take
When you are dissatisfied with a custody order and seek modification or an appeal, you may be wondering how long the process will take. The timeline for these actions varies depending on several factors, including the complexity of your case, the court’s schedule, and whether both parties agree on the changes. Typically, modifying a custody order may take several months, while an appeal could take longer, especially if the case involves complicated legal issues.
Although the process can be lengthy, it’s important to stay patient and focused on the goal of achieving a custody arrangement that reflects the best interests of your child. Keeping in regular contact with your attorney and staying involved in your case will help ensure that things progress as smoothly as possible.
The Role of an Attorney in Your Custody Case
Navigating the complexities of child custody cases can be daunting, especially when you are unsatisfied with the outcome. An attorney plays a vital role in guiding you through the legal system and advocating on your behalf. Whether you are seeking a modification or planning to appeal the decision, having a lawyer who understands family law and is experienced in custody matters will give you the best chance for a favorable outcome.
At Mahserjian & Mahserjian-Ortiz, PLLC, we are committed to helping families in New York navigate the child custody process. Our team is dedicated to providing you with the support, guidance, and legal representation you need to protect your child’s best interests and your parental rights. We understand the emotional challenges of custody battles, and we are here to offer a compassionate and strategic approach to resolving your case.
If you are struggling with an unsatisfactory custody order, our team at Mahserjian & Mahserjian-Ortiz, PLLC, is ready to help you explore your legal options. We know how important it is to secure a fair and just custody arrangement that puts your child’s needs first. With our experience, dedication, and personalized approach, we will work tirelessly to guide you through the next steps of your case and fight for the best possible outcome. Don’t face this challenging process alone. Contact us today to schedule a consultation and take the first step toward a solution that benefits you and your child.
