Here is the process to modify custody in Brooklyn

Brooklyn, NY – When parents make a custody plan either through a settlement or court order, they are expected to follow this plan until the child reaches adulthood and no longer is bound by the custody order. However, it is possible that one or both of the parents can experience issues which make the plan difficult or unrealistic for them to follow. When this happens, the parents will need court approval, and they cannot simply disregard the prior plan or take matters into their own hands. A custody attorney can be retained to assist with modification of any existing custody arrangement and related matters. 

Substantial changes in circumstances

Family judges in New York are only allowed to make custody changes based on a substantial change in circumstances. This can be a relatively high standard to meet, as generally things like job or career changes that are necessary, crime or abuse by one parent, health problems, or relocation are considered enough for a judge to make custody changes. The judge will generally want to hear that one or both parents absolutely need to make the changes, rather than changes that are made simply for convenience for the family.  

The best interests of the child

In addition to looking for substantial changes in circumstances, judges will only make the custody modification when they consider it to be in the best interests of the child. This means that new custody plans will still allow each parent to meet the child’s needs related to things like health and medical care, education, safety, social activities, and the plan needs to be realistic in terms of the parents making custody exchanges when required. A judge can certainly choose to reject the requested modifications if they feel that the child will be in a worse position afterward, or if the change in circumstances seems unnecessary. 

Penalties for violating a custody order

Parents should be sure that a new custody arrangement is in place before attempting to make changes or disregard an old order. If the parent disregards the custody order, the penalties can be severe. They may be considered in contempt of court, which can possibly include criminal charges in some circumstances. A judge can choose to take away a parent’s custody rights for violations as well. 

Family attorneys in New York

Elliot Green Law Offices is a firm that handles various family law issues in the Brooklyn area. Their attorneys can meet with those who want to discuss divorce, child custody issues, alimony payments, domestic violence, and other issues.

USAttorneys.com is a service that lists lawyers in every state around the country. People who are searching for the right attorney can call 800-672-3103 for assistance. 

Firm contact info:

Elliot Green Law Offices

32 Court Street, Suite 404, Brooklyn, NY, 11201

718-260-8668

www.elliotgreenlaw.com