Can Custody of a Child be Changed in New York?
Long Island attorneys represent parents in motions to modify custody orders
Custody orders are permanent only until the court changes them, so they are subject to modification when necessary. Of course, courts are busy and the last thing a judge wants to do is micromanage your parenting time. If you or your spouse wants to request a modification of a custody order, you have to show a substantial change in circumstances that make a modification necessary to promote the best interests of the child. Bryan L. Salamone & Associates, P.C. has litigated custody issues for more than 20 years. We continue to assist our clients even after their divorce is final. If you need to petition the court or oppose your ex-spouse’s petition, our experienced attorneys are ready to go to court and fight for your parental rights.
Recognizing when to change a child custody order
There are numerous reasons why a parent might pursue a modification of an existing child custody order. The most common ones we encounter in our practice are:
- Allegations of abuse and neglect — When a child is in danger because a custodial parent cannot provide a safe environment, it is certainly a matter for the courts. We represent parents when dealing with Child Protective Services, including neglect proceedings.
- Hostile, aggressive parenting (HAP) — Parental alienation can be a serious problem. When one parent employs hostile aggressive parenting to undermine the affection a child has for the other parent, the child could suffer emotional and psychological harm.
- Interference with parenting time — Some custodial parents behave in a passive-aggressive manner, placing obstacles between the noncustodial parent and the children. A court can find such a parent in contempt. If the behavior continues, the court can modify the custody order so each parent has equal time with the children.
- Relocation — When a custodial parent wants to move away with the children, the court must consider the impact on the noncustodial parent and the children. Judges ultimately decide based on the best interests of the children.
Our firm is well known for aggressive representation. We fight for your parental rights, whether you are petitioning for the modification or defending against it. If you are weighing the pros and cons of full versus shared custody, we can provide reliable advice. Then, through tough, principled negotiations, we can often develop a new parenting plan that addresses your concerns. When a compromise agreement is not possible, we can litigate effectively to protect your child’s welfare and uphold your parental rights.
Rely on our experienced Long Island attorneys to manage post-divorce custody issues.
You may have to modify several aspects of your divorce decree, but no issue is more emotionally charged than child custody. For contentious issues, you can trust Bryan L. Salamone & Associates, P.C. to deliver the aggressive and efficient representation we’re known for. To schedule a free initial consultation, call 1.631.479.3839 or contact our office online.