New York Custody Laws and Best Interests. A PETITION FOR CHANGE OF CUSTODY AND CHILD SUPP0RT ... attach it to your Petition for Modification of Custody & Child Support. New York Family Law. Evidence Time Period for Modification of a Stipulation to a Child Custody Order in New York September 3, 2016 | Law and Mediation Office of Darren M. Shapiro, P.C. You will need the following information with you when you use this program: 1. Custody and visitation matters are heard in the family division of New York state's supreme court. We have years of experience successfully representing clients who have custody, visitation, support and other family law issues. However, life inevitably changes, but know that you have options to adjust your divorce or separation agreement. Family Court Petition Assistance The probation department assists the public with filling out Family Court related petitions having to do with Family Offenses (aka Orders of Protection) and Custody/Visitation. When making custody and visitation decisions the court will consider a number of different factors to determine the best interests of the child, including: In order to change a custody order, you must ask the court by filing a Petition for Modification of an Order of Custody/Visitation. Mr. Bilkis was honest and upfront with me from the beginning in what he projected the outcome of my case would be; in the end we got better results than either of us anticipated. New York allows for the modification of child custody and visitation if the parent seeking the petition can show the following: There’s been a substantial change in circumstances of the parent or the child since the custody agreement was established; The child requesting the modification is … To satisfy the legal requirements to have your petition for modification of an order of custody/visitation considered, every question must be answered on the petition and applicable forms, and required documents must be attached. From the very first phone call to Stephen Bilkis' office, the staff was extremely polite and helpful in assisting me. COVID-19 Update: We are open and serving our clients. Either parent may petition the court for a modification (change) of a custody or visitation order. Friedman & Friedman PLLC, Attorneys at Law, Call Friedman & Friedman PLLC, Attorneys at Law today, There’s been a substantial change in circumstances of the parent or the child since the custody agreement was established, The child requesting the modification is at least 12 years of age, There has been a 15% increase or decrease in a parent’s income since the original order (this only applies to orders made on or after October 13, 2010), It has been three years since the order was issued (this only applies to orders made on or after October 13, 2010), Financial changes (IE: unemployment or a significant increase in income), One parent is battling a substance abuse problem, One parent has committed acts of domestic violence, The custodial parent frequently fails visitation orders with the other parent. They stopped the foreclosure on the house, Got a judgment against him and most importantly kept me and my children in the house. Family Court Custody/Visitation Modification Petition Program. If you feel that there has been a change in circumstances such that a change in child custody is warranted, or if the other parent of your child wants to change the visitation or custody arrangement, the staff at the Law Offices of Stephen Bilkis & Associates has the experience to provide you with the representation that you need. The Family Court dismissed his petition noting that the parent seeking a change in custody is not automatically entitled to a hearing. Time Period for Change of Circumstances for Child Custody Modification - Long Island Divorce Lawyer c. The child’s birth mother ☐ has ☐ has not consented to the modification of the custody order to award custody to the Petitioner. In order to do so, the change must be in your child’s best interests, and you must be able to show that substantial change of circumstances has taken place. In these situations, retaining an experienced attorney is essential. The names, addresses and birth dates of the children. Posted: (3 days ago) Petition for Modification of Custody in NY If your current child custody arrangement is no longer working, it is your right to petition the court for a modification. Westchester County Family Court. But if the parents cannot agree on the changes, 1 of the parents must file papers with the court asking for a change (a “modification”) of your current child custody and visitation order. The following numbers on these instructions correspond with the numbers in the boxes beginning on page 1 on the Petition Form. Regardless of what the parents want, ultimately the court will look at what is in the best interests of the child when making a decision on a petition to modify a custody arrangement. In New York there are only a few types of child custody arrangements: sole custody, joint custody, and shared custody. STEP 4: Complete the other required forms such as the Summons and Domestic Relations Case Initiation Form. State law also requires that you attach a parenting plan to this petition. Moreso, a separation can have a significant impact on the rest of a child’s life, which is why courts focus custody matters in the views of the child’s best interests. In other cases one parent wants a change while the other is satisfied with the status quo. In this case the court found that the father’s allegations were not sufficient to warrant a hearing to consider a change in custody. To get the full experience of this website, Custody Form 4 Petition for Modification Instructions . PETITION FOR MODIFICATION OF ORDER OF DISPOSITION TO RESTORE PARENTAL RIGHTS … Common reasons why parents seek a modification of custody and visitation include: The best way to begin this process is by working together with the other parent. Soc. With the right attorney on your side, you will be able to present the correct documentation that demonstrates your legitimate concerns for filing a petition. In either case, a child’s needs are at the heart of any custody decision. 2. Note: If a custody or visitation p roce eding is pending in, o r an or der of custody or visitation has b een issued by, a court outside o f the State of New York, including a Native-Am er ican tribunal, the custod y/v isitatio n petition for pro ceedings under the Following the Death of a Parent . In most cases, you may need to provide evidence and prove to the judge that there has been a significant change. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. The parties obtained a judgment of divorce in New Jersey on June 13, 2003 and, on consent, were awarded an order of joint legal custody for the child. This also includes preparation of modification and violation (aka enforcement) petitions as well. Stephen Bilkis and his team of lawyers were amazing. Child custody is not a matter to be taken lightly, and neither are modifications. Either parent may file a custody petition with the Family Court. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Free Initial Consultation - Call (516) 333-6555 - Darren M. Shapiro is dedicated to helping individuals and families with family issues including Divorce and Family Law cases. Under the laws in some states, to successfully petition the court for a modification, the parent must demonstrate two things: That there has been a substantial change in circumstances that warrant a change in the parenting plan or custody order; It is in the best interests of the children to grant the modification. By working with our skilled legal team, we can ensure that you do not get taken advantage of and that your child has the best chance of a promising future. 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