Your Children’s Best Interests is Paramount

To modify an order of custody, you must demonstrate to the court why the modification you are requesting is in your children’s best interests. For example, if they were very young when the order was issued, perhaps your current arrangement is no longer the best for them.

You will need to prove that circumstances have changed sufficiently to require modification of the order. If the court finds your reasons insufficient, your application will be dismissed.

One of the most common requests for modification is if one parent wants to relocate in such a way that the present division of parenting time will no longer be workable. Since the proposed relocation will affect the other parent’s relationship with their children, the parent seeking to move must be able to show that the children will benefit economically, educationally, and emotionally from the move.

There are many other reasons you might want to modify an order of custody, but the standard of proof is always the same: a change of circumstances that is substantial enough that your children’s best interests require such a modification.

Every case is unique and every case is different. If you have questions about your own modification request, please call us to schedule a consultation. We also encourage you to visit our website.

We look forward to helping you.

Joseph H. Nivin, Esq. Family Law Attorney

Joseph H. Nivin, Esq.

The Law Offices of Joseph H. Nivin, P.C.

(347) 642-0376

118-35 Queens Boulevard, Suite 1220
Forest Hills, NY 11375

The Chanin Building
122 E. 42nd Street, Suite 2100
New York, NY 10168