Not every relationship results in people having their fairy tale ending. While every breakup has challenges, breakups are even more challenging when children are involved. In those situations, it’s often helpful to go to Family Court and obtain a custody order that lays out a co-parenting plan.

A child custody order is helpful because it provides both parents with a legally enforceable document that outlines the plan of how parents share responsibilities and time with their children. Routinely, courts allow the parents to craft a plan together, or with the help of an attorney, in a document called a stipulation or agreement. This agreement is drafted with the goal of creating a parenting structure that is in the child’s best interest. If approved, the Court will incorporate the terms of the agreement into an official custody order.

However, just because a custody order worked for the parents at the time it was issued, does not mean it will continue to work as life goes on, personal circumstances change, or the child(ren) get older. As circumstances change it may be necessary and beneficial to modify a custody order to better meet the child’s needs.

Modifying a child custody order in New York state is the legal process to alter the terms of a prior court custody order without necessarily losing rights and/or access to the child. Here are the top seven most common reasons for separated or divorced parents to consider a custody modification:

One: Significant Life Changes

Among the most common reasons to modify custody orders are substantial life changes. These could include a change in either parent’s job, marital status, or living situation that impacts the current custodial arrangement. For example, if a parent remarries or takes on a new job with different hours, existing custody arrangements may no longer be practical.

Two: Changes in the Child’s Needs

As children grow, their needs change. What worked for a toddler may not suit a teenager. A child’s academic, social, or extracurricular commitments may increase, necessitating changes to the visitation schedule or parenting time. As children mature, their preferences and emotional needs may also evolve as well as their social and activity involvement, making it helpful to reassess the custody arrangement and see that it aligns with their best interests.

Three: Relocation of a Parent

When one parent lives far away or relocates, especially over a significant distance, it can disrupt the existing custody arrangement. Regardless of whether the move is due to job transfers, family reasons or other factors, the current visitation schedule may no longer be feasible.

Four: Alterations in Work Schedule

Changes in a parent’s work schedule can also impact the existing custody order, whether due to a new job with different hours, a shift to night work, an increase in work-related travel, or any of a myriad of reasons. Modifying the custody plan can help both parents continue to meet their obligations to the child while balancing their professional responsibilities.

Five: Changes in Housing Arrangements

Unexpected housing changes can occur for different reasons. For some, it may be beneficial to find more affordable housing or larger housing due to family size increases. For others, finding new housing may be necessary because of a loss of housing in a certain location. Whether upsizing or downsizing, changes in housing can be grounds for modification of a custody order because a parent’s ability to maintain safe and reasonable housing for the child and/or the same level of consistent access may be positively or negatively impacted.

Six: Parental Substance Abuse or Health Issues

If a custodial parent develops a substance abuse problem or faces serious health issues, it can directly impact their ability to care for the child. Courts take these matters seriously, especially if the child’s safety or well-being is at risk, and even more so if there is any potential for domestic violence or abuse. Modifying the custody order may be necessary to protect the child, either by limiting the affected parent’s visitation or transferring full custody to the other parent.

Whatever the reason for modifying a child custody order may be, the child’s best interests should always remain the central focus in any custody decision.

Speak With a Lawyer Today

Custody modifications require a deep understanding of family law, and working with an experienced family law attorney can help make the process smoother and more successful. If you believe it’s time to file a motion to modify your custody arrangement, contact us and speak with a New York family law attorney today, or call 8885294543 to explore your options and protect your child’s well-being.

Barbara J. King, Esq. is a partner in the Albany office of Tully Rinckey, PLLC. For well over three decades, she has been representing parents, spouses and other parties, as well as clients, nationally and internationally, in a wide range of family and matrimonial matters.