Life can change at any time — and with those changes may come the need to adapt your child custody agreement to your new circumstances. However, it’s essential to understand that neither parent can unilaterally change the existing custody arrangement. Parents must either reach an agreement and submit the modification to the court, or they can let a judge determine the outcome. If you are facing a child custody issue, there are several important things you should know about the legal process to obtain a modification.

Here is what you need to know about modifying custody agreements in New York:

1. You Need Court Approval to Change Your Custody Agreement

Even if you and your co-parent agree to modify the existing custody agreement, you will still need court approval in order for the changes to be legally enforceable. Significantly, once a custody order is in place, both parents must follow it. Failure to do so can result in a modification in favor of the other parent, monetary penalties, and being held in contempt of court.

2. You Must Be Able to Establish a Substantial Change in Circumstances

If you and your co-parent do not agree on modifying custody, you will need to file a petition in court demonstrating that there has been a substantial change in circumstances since the last order was entered. Specifically, under New York law, a court-ordered custody agreement can only be altered when the change is so substantial that it profoundly impacts the original custody agreement. You must be able to provide evidence that such a change has occurred and how that change harms the previous arrangement.

Either parent can file a petition to modify custody. Whoever requests the modification has the burden of proof to show that a substantial change in circumstances has occurred — and changing the custody arrangement is in the child’s best interests.

Circumstances that might warrant modifying custody agreements can include the following:

• Loss of a job
• A significant change in income
• Abuse or neglect that creates a harmful living environment for the child
• Remarriage of a custodial or non-custodial parent
• Relocation of a parent
• Abandonment by one of the parents
• Criminal behavior on the part of one of the parents
• A medical condition that warrants some form of change
• Substance abuse issues that impact the child’s welfare
• An agreed-upon change by the parents due to a change in location, finances, or health

A custody modification may also be necessary due to a child’s changing needs. As the child grows, and their educational, physical, or emotional needs evolve, the current custody arrangement may no longer be appropriate.

3. The Custody Modification Must Be in the Child’s Best Interests

In addition to establishing that there has been a substantial change in circumstances warranting a custody modification, altering the custody arrangement must be in the child’s best interests. A court would consider a number of statutory factors to determine the child’s best interests, including the child’s home environment, each parent’s ability to care for the child, the child’s wishes (if they are old enough), and any history of abuse or neglect. A judge would also evaluate the emotional bonds between the child and their parents, as well as the ability of the parents to cooperate with each other.

4. You Don’t Need to Litigate in Court to Modify Custody

Although the court must approve a custody modification in order for it to be legally binding, co-parents do not have to let a judge decide their custody arrangement. In fact, courts prefer that parents work out their custody disputes between themselves. Co-parents can use the mediation process or negotiate a modification outside the courtroom with the help of their attorneys. Alternative dispute resolution methods can allow co-parents to find creative solutions that might not otherwise be achieved in litigation. Once an agreement has been reached, it can be submitted to the court to be signed by a judge.

5. A Child Custody Attorney Can Guide You Through the Modification Process

Modifying custody agreements can be a legally complex and emotionally overwhelming process — especially when co-parents cannot agree regarding the changes. It’s best to have the representation of a child custody attorney to ensure your rights are protected and the best interests of your child are met. An attorney can evaluate your situation, draft the necessary legal documents, negotiate on your behalf, and advocate for your interests in court.

Contact an Experienced New York Family Law Attorney

When faced with a child custody matter, having a knowledgeable attorney by your side can help alleviate your stress and make all the difference in the outcome of your case. At Duke Law Firm, P.C., we are committed to providing our clients with compassionate counsel for a wide variety of divorce and family law matters, including child custody modifications. Offering personalized attention and tailored solutions, we work closely with our clients to achieve the best possible results in every case. We welcome you to contact us today to learn how we can help.