Child custody is ordered by a family court based on the circumstances existing at the time of the divorce. In New York, a court may consider modifying a child custody order if there has been a substantial change in circumstances since the original order was issued. In addition, the proposed modification must be shown to be in the best interests of the child.

Here are some examples of changes in circumstances that might be substantial enough to warrant a modification of child custody in New York:

• Significant change in work schedule — A parent’s work routine might be so altered that it affects their ability to fulfill parental responsibilities.
• Change in income — A major decrease in a parent’s income might impact their resources for providing essential care.
• Relocation of either parent — A long-distance move might cause the child's relationship with the non-moving parent to become strained.
• A parent’s remarriage or cohabitation — A material change in the family structure could be shown to have a pronounced effect on the child’s home life.
• Change in the child's educational situation — The child's school, academic performance or special education requirements may shift over time, and the parents must adapt.
• Abuse, neglect or abandonment — Special provisions might need to be made to ensure the child's safety and well-being.
• Substance abuse issues — A parent’s struggles with substance abuse issues might pose a danger to the child's welfare.
• Serious medical condition — One parent might have developed a serious medical condition that affects their ability to care for the child.
• Ongoing failure to permit visitation — The non-petitioning parent’s consistent lapses in fulfilling court-ordered visitation obligations may be cause to reduce custody rights.
• The child’s preferences — The expressed wishes of a child concerning custody arrangements may be considered if the child is found to be of sufficient maturity and understanding.

The parent petitioning for a modification must also provide evidence that the proposed change will be in the best interests of the child. Factors that may be considered in the court’s determination include the following:

• The child's relationship with each parent
• The mental and physical health of all individuals involved
• The child's adjustment to their current home, school and community
• Any history of domestic violence
• The willingness and ability of each parent to support a positive relationship between the child and the other parent

The petitioning parent is not automatically entitled to a court hearing on the issue of whether the change is in the child's best interests. Rather, he or she must present compelling evidence with the petition, and the court then decides if a hearing is needed. It is advisable to seek the assistance of an experienced New York child custody attorney to build a persuasive case.

Bombardo Law Office, P.C. in Syracuse advises clients throughout Central New York on child custody and visitation matters. To schedule a consultation, call 1-315-488-5544 or contact me online.