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Modification of Child Custody

Quick Overview

This page covers Modification of Child Custody as it applies to divorce and family law in New York. Use this summary as an orientation; the original content below remains unchanged.

Modification of Child Custody

Custody of a child may be modified if the parent seeking the change can show that there has been a change in circumstances of sufficient magnitude since the previous custody order, such that modification of an existing custody arrangement is in the best interests of the child.  In determining whether to modify an existing custody arrangement, among other things, courts will consider (a) the original placement of the child; (b) the length of time that the existing custodial arrangment has been in place; (c) the desires of the child; (d) the relative fitness of each parent; (e) the quality of the home environment; (f) the parent’s financial status; and (g) the ability of each parent to provide for the child’s emotional and intellectual needs.
If you believe that the custody of your child should be modified, it is important to have an attorney that knows the law and will fight for your rights as these matters can become very complicated, with the appointment of an attorney for your child, and sometimes, the appointment of forensic psychologists.    An attorney who is experienced in custody and modification of custody will ensure that your interests, as well as the interests of your child are protected.

Please contact Michael A. Cohen at 516-280-6806 if you are seeking to modify your present child custody arrangement, or if you are defending against a parent who seeks a modification which you believe is not in the best interests of your child.

Frequently Asked Questions

How do New York courts decide custody?

Courts apply the 'best interests of the child' standard, weighing factors like each parent’s caregiving history, parental fitness, stability, and the child’s needs and preferences (depending on age).

Is there a preference for mothers or fathers?

No. New York law is gender‑neutral. The focus is on the child’s best interests, not parental gender.

What is a parenting plan?

A parenting plan details decision‑making authority and a parenting‑time schedule, including holidays, transportation, communication, and dispute‑resolution methods.