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