Can a Custody Agreement Be Altered Following a NY Divorce?

dad spending time with daughter

For many divorcing parents, custody is often one of the most contentious matters they can face. Both parents may feel entitled to spend as much time with the child as possible, which can lead to disagreements, disputes, and issues later down the line. However, when you are finally able to reach an agreement or the court steps in to create a custody agreement, understanding what will happen if you need to modify the terms and conditions in place is critical. The following blog explores what you should know about these matters and how a Nassau County child custody lawyer can assist you during these difficult matters.

dad spending time with daughter

Why Might I Need to Change a Custody Agreement?

One of the primary reasons that you may need to alter the current custody order is to accommodate your growing child. As your child ages, their health and educational needs will grow with them, meaning the custody order from when they were a toddler will no longer suit them. This is also the case if the child’s extracurriculars change over time. For example, if a child plays a travel sport, the current custody arrangement may not work with their travel schedule.

Another reason a change in custody may occur is if one of the parents’ circumstances changes dramatically. For example, if the parents split custody but one parent must relocate two hours away for work, the custody agreement may be updated to reflect this change.

However, any substantial change in circumstances can warrant a custody modification, which is generally described as anything that can impact the efficacy of the original custody arrangement. Other common circumstances that can warrant a change include incarceration, remarriage, job loss, job changes, or suspected abuse.

How Do I Make the Necessary Changes?

In the event you need to change the terms and conditions of your custody arrangement, understanding the steps you must take to do so is critical. Even if you and your spouse both agree to the changes, ensuring you go through the proper legal channels to have the modification documented and incorporated as part of your formal agreement is critical. Agreeing to an informal custody agreement may seem easier, but if the other parent wants to go back, they are legally allowed to do so because the change was never formally implemented by the court.

As such, if you have any changes you wish to make, contacting an experienced family law attorney is in your best interest. At Barrows Levy PLLC, we understand that circumstances change. As such, if you need assistance in petitioning the court to make the necessary modifications, our team of experienced attorneys is ready to guide you through these difficult times. Contact us today to learn how we can assist you in these matters.

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