Modification of a Court Order

Seeking a Modification of an Existing Custody/Visitation/Support Order

In New York, child custody and child visitation is ordered until the child reaches 18 years.

It is understood that circumstances may change from the time that custody/visitation was ordered to now. As such, either parent may petition the Court for a modification (change) of a custody or visitation order. The petitioning parent must establish and demonstrate that a substantial “change of circumstances” occurred since the date of the order.

The court would hold a hearing to determining if a modification is in the child’s best interests. The Court typically hears both custody and visitation proceedings on the same date. Should the Court be inclined to modify the Order, a new Order will be signed and be in place and stead of the prior order.

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It is best to consult with an Attorney as these matters can be complicated. We understand life changing circumstances happen. Let us help you.