Westchester County Child Custody Modification Attorney
When divorcing spouses have children, child custody agreements are a central part of the divorce process. Ideally, when a New York judge issues a youngster tutelage order, it allows a child to continue relationships with both parents. Yet no matter how carefully a custody agreement is crafted, over time, circumstances inevitably change and custody agreements may need to be modified. If your circumstances have changed, you may need to ask the court for a modification of your child custody order. If your ex-spouse is asking the court to modify the child custody order and you believe a modification is unwarranted, you’re also going to need a knowledgeable lawyer on your side. If you have any questions about modifying child custody orders or if you are involved – or expect to be involved – in a child custody dispute, call an experienced Westchester County child custody adjustment attorney at Kimberly Pelesz New York Law, LLC immediately. We help clients with every aspect of child custody including modification of custody orders, visitation, decision-making rights, emergency issues, and enforcement.
IMPORTANT THINGS YOU NEED TO KNOW FOR MODIFICATION OF CHILD CUSTODY ORDER
A child custody order is only passed after a court takes into consideration all factors. However, in certain cases, it is possible to get a modification.
If your youngster tutelage order was passed after October 13, 2010, then you must speak with a Westchester County child custody adjustment lawyer about getting a modification as quickly as possible. Remember there are only certain circumstances in which a court will grant a modification of child support.
You must be able to prove for instance, that there has been a substantial change in your circumstances, since the youngster tutelage order was passed in your case. You might also get a modification, if it is a minimum of three years since the previous order was passed, or there has been a decrease or increase in your or your spouse’s income by 15%, since the previous order was passed.
These are not hard and fast rules, however. If your youngster tutelage order was passed before October 30, 2010, get legal advice from a Westchester County youngster tutelage modification lawyer. You may obtain a modification. In such a case, you may have to prove that there has been an unanticipated change of circumstances in your case, which requires a modification. If however, your child custody order was passed after October 13, 2010, then you must be able to show “substantial “change in your circumstances.
If your youngster tutelage order is less than two years old, speak with a family lawyer about your options. You may not qualify for a modification but there may be other options open to you. If you are finding it hard to maintain child-support expenses on the payments that you’re currently receiving, you may ask for a review of the payments under a possible cost-of-living adjustment.
For help with modification of a child support order, speak with a Westchester County youngster tutelage modification lawyer as quickly as possible.
IN THE CHILD’S BEST INTERESTS
The court will always determine what is in the best interests of the child when making decisions related to youngster tutelage. To determine what the best interests of the child are, the court may look at a number of different factors.
The court may look at the parents’ age to determine whether each parent is mentally and physically capable of taking care of a child. This usually does not play a role in youngster tutelage modification cases unless one parent is much older than another and may not be physically able to take care of himself or herself. Besides age, the court may also look at the general health and well-being of both parents. If one parent has a health condition that prevents him or her from being able to care for others, this may play a role in a child custody adjustment order.
Courts may also consider the parents’ alcohol and drug use when determining whether a child custody adjustment is needed. The more that a parent is known to use alcohol or drugs, the less favorable the outcome will be for him or her in regards to youngster tutelage.
The court may also look at the availability of each parent to determine how much time they would be able to spend with the child if given more or less custody. The court typically will award more custody to the parent who can demonstrate that he or she has more time to spend with the child.
If one of the parents has been charged with domestic violence, even if the incident did not involve a child, then this will also be considered when making child custody arrangements.
This is not an exhaustive lists of factors that the court may use to determine whether a child custody arrangement. If you need to modify your child custody order, contact an experienced Westchester County child custody adjustment attorney as soon as possible.
WE WORK FOR YOU AND YOUR CHILDREN
Sometimes, whether a custody agreement is voluntary or has been imposed by the court, it will have to be modified. Moves, career changes, remarriages, and additional new children are typical reasons a custody order may require modification; it’s done all the time. Still, you’ll need a Westchester County youngster tutelage modification attorney’s help. Courts are generally reticent to modify custody orders unless you can prove the change is in the child’s best interests. At Kimberly Pelesz New York Law, LLC, we can usually help you help you do that. Nothing is more important to you than your children; nothing is more important to us than our clients and their children.
SPEAK WITH US PROMPTLY
Contact Kimberly Pelesz New York Law, LLC promptly for a free initial consultation if you need to have a child custody modified or if you need representation in any custody dispute. With offices in Peekskill and Poughkeepsie, we serve New York clients in Beacon, Fishkill, Wappingers Falls, Newburgh, Tarrytown, Greenburgh, Westchester County, Dutchess County, Putnam County, Orange County, and Rockland County. To learn more about how an experienced Westchester County child custody modification attorney can help you, email us or call us promptly at (914) 402-4541.