The child requesting the modification is at least 12 years of age. Post-trial modifications can change many things that have been agreed or ordered about a divorce. Just because an order is marked as “final” or “permanent” does not necessarily mean that it cannot be changed. When parents can't agree, they go through a litigation process that ends when a judge (or court arbitrator) decides on modifications to a hearing.
The court may grant the modifications requested by either parent, propose different changes, or refuse to modify the orders. With an experienced New York child custody lawyer, you are more likely to be able to make a compelling case that a change has occurred and that the custody order needs to be amended. A New York court may order modification of child custody if it is in the best interests of the child, but you must be able to demonstrate a substantial change in circumstances that justifies the court ordering the change. In certain situations, parents may modify child custody plans without going to court.
Of course, regardless of how essential a child custody order seemed to be at first, the changing needs of growing children and the fluctuating behavior of parents could always contribute to the significant change in circumstances that causes modifications to standing orders are important. A court will order the modification of child custody if circumstances have changed significantly and it is in the best interest of the child. The appeals court noted that child custody “cannot be used as a tool to punish an uncooperative parent. However, nothing is binding until a court signs it, as courts always retain their discretion regarding child custody and parenting time matters.
As discussed here, divorced parents can enter into child custody agreements without including them in a court order. In general, a court doesn't want to issue a custody order (or divorce decree with custody as part of it) and then see the parties back in court within a month or two, unless something serious has happened (such as child abuse or endangering children). In any child custody agreement, the goal of New York courts is to consider and protect the best interests of a child. To justify changing custody or visitation orders, North Carolina law requires a change in circumstances that “adversely affect the child.” Relocating a parent with physical custody of a child requires a balance of conflicting policies.
This change must be large enough to impact the child's life to such an extent that the current custody order is no longer in their best interests. As such, the court should be asked to approve or deny requested modifications to child custody orders based on the change in circumstances that occurred. If both parents can agree to a change in child custody, a New York court will generally allow it, but only if it is in the best interests of the child. When, as in this case, such interference becomes so widespread that it damages the child's close relationship with the non-custodial parent, one can conclude that the actions of the custodial parent show a disregard for the best interests of the child, justifying a change of custody.
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