Modification of Child Custody Judgments The Marks Law Firm
Sometimes after a divorce is final and the Parenting Plan has been decided, circumstances change causing one of the parents to seek a change to the agreements. You or your former spouse can return to court and file a Motion to Modify when such changes occur. In order to seek a modification in a custody order or Parenting Plan, a party must set out sufficient facts that show a change in circumstances from the time of the Judgment and that one or more provisions of the Judgment are no longer in the best interests of the child. If the standard seems somewhat lacking in specificity, it is somewhat by design â€“ ultimately, the court must do what is best for the children.
Generally, when a party seeks a modification, it involves a change in legal custody, a change in physical custody, a change in the Parenting Plan, or sometimes all three. A change in legal or physical custody requires a higher showing of changed circumstances than is required for a change in the Parenting Plan. Essentially, the court will go through the same decisionmaking process originally used, but will use the current circumstances to reach a conclusion. Modifications are very complicated and often complex matters, particularly if a party seeks a change in both legal and physical custody. It begins to resemble a contested divorce, and the procedures are generally very similar. To chart the most beneficial course for your.
Modification proceeding, you’ll want to consult with a skilled and experienced attorney.
How Can I Get Custody of My Child Long Island Divorce Family Law Attorneys
Getting custody of a child is not as simple as some are led to believe. It’s not simply a matter of filing a petition in the Family Court, showing up and telling the judge that you’re a great parent, having the judge award you custody. Custody is like any other case. You need to have good evidence. You need to present it persuasively, and since the ultimate determination of custody is the best interests of the child, you need to have covered a lot of issues. It is important if you are interested in getting custody of your child that you conduct yourself as an exemplary parent, and that starts well before you ever get to the.
Courtroom, and certainly continues during that time period. You certainly don’t want to be somebody who tests positive on a drug test. You certainly don’t want to be somebody who is caught on an audio tape saying things about how you’re going to keep the other parent from seeing the child. Everything is under a microscope in a custody case and to do well you have to convince the court that the child will flourish in your care.