How To Win Your Child Custody Modification Case?
Family law judges award child custody during divorce proceedings based on what is in the child’s best interests. However, circumstances can change and things that were true at the time of divorce may change over time. In these instances, parents can petition the court to modify a current child custody order.
Modifying a court order is never easy. The orders a family law judge issues at the time of divorce are final and legally binding. If you need a modification, you will have to state the reason for modifying the order, and present evidence to substantiate your claims. You must also show that the modification is in the best interests of the child. Below, our Suffolk County post-divorce modifications lawyer explains more.
When Can You Modify a Child Custody Order?
When modifying any divorce order, you must show that there has been a substantial change in circumstances that make the current order impractical. In child custody situations, you must show that the change in circumstances impacts the best interests of the child and no longer serve them. Situations that could constitute a substantial change in circumstances are as follows:
- One parent is abusing drugs or alcohol,
- Neglect, abuse, or domestic violence is occurring in the child’s home,
- One parent suffers from a serious illness or a mental health crisis,
- The child has been diagnosed with a serious illness or mental health disorder and one parent is better able to care for it than the other,
- One parent interferes with the time the child spends with their other parent,
- One parent is moving to another state or city,
- One parent is cohabiting or remarrying and exposure to the new partner is not in the child’s best interests, or
- One parent was charged with a crime.
Important Evidence in Child Custody Modification Cases
When you are pursuing a child custody modification, you must present evidence that corroborates your claim. For example, if your former spouse has developed a substance abuse problem, you must prove the allegation. Regardless of the reason why you are seeking a modification, there are important pieces of evidence that can substantiate your claim. These include:
- Medical records,
- Eyewitness statements,
- Photos and video footage,
- Police reports,
- Texts, emails, and voice messages, and
- Journal notes, including the date of a certain incident and details of certain conversations.
If your child is in danger, you must act immediately to preserve their safety and well-being. On the other hand, if it is not an emergency, you can take your time to collect the important evidence that will prove your case.
Our Post-Divorce Modifications Lawyer in Suffolk County Can Help with Your Modification
If there has been a substantial change in circumstances that requires a child custody modification, you need sound legal representation. At the Law Office of Joshua Adam Kittenplan, P.C., our Suffolk County post-divorce modifications lawyer can provide it and help you through the process so you have the best chance of obtaining the modified order you need. Call us now at 631-499-0606 or contact us online to schedule a free consultation with our seasoned attorney.
Source:
nysenate.gov/legislation/laws/DOM/240
