If you feel that your current custody or visitation arrangement isn't working out, and you cannot agree with the other parent to make changes, then you will need to file a petition with the court to change the order.
It's important to have a valid reason for wanting to change the current arrangement. The courts require you to show a “substantial change of circumstances affecting the best interests of the child.” Things that may count as a change in circumstance include:
- The child has been abused or neglected
- There has been domestic abuse in the home
- A parent is moving in with a new partner, moving to a different state, or is unable to provide a safe and stable home for the child.
- A parent been charged with a serious crime, has a substance abuse problem, serious illness, or is interfering with the rights of the other parent
- A parent has returned from military deployment, or moved closer making more frequent visits possible.
To begin the process of changing your custody order, you will need to fill out the forms for a “Petition for Modification of an Order of Custody/Visitation.” You can file this “Petition for Modification of an Order of Custody/Visitation" through the NY Courts website or in the courthouse in the county or borough where the child lives. If your order is from another State and any party still lives there, then your petition must be filed in that state.
The paperwork can be complicated, and it must be notarized, and served to the person who currently has custody of the child. Ask at the courthouse for help understanding the process.
Once you have filed your petition, the court will schedule a court date to consider your request. If the case is not settled and the court feels your petition requires a hearing then a hearing will be scheduled for a later date. Both parents and any person who has custody is entitled to a court appointed attorney if they cannot afford one. At the hearing, you will need to provide evidence to support your request. This may include testimony from yourself, or other witnesses. You may also need to provide documents, such as your work schedule or a proposed new visitation schedule.
It's important to note that the court will always consider what is in the best interests of the child when making a decision about custody and visitation. This means that the court will take into account factors such as the child's relationship with each parent, each parent's ability to care for the child, and any history of abuse or neglect. NY courts are required to consider domestic violence if the issue is raised in the petition or answer.
If you and the other parent are able to come to an agreement about the changes you are requesting, you may be able to avoid a court hearing. You can create a written agreement that outlines the changes to the custody or visitation arrangement and submit it to the court for approval.
In some cases, the court may appoint a lawyer for the child to represent their interests. This lawyer will be present at the hearing and will advocate for the child. If the child is mature enough to express an opinion, the attorney must advocate for what the child wants, unless it would put the child in actual danger.
After the hearing, the judge will issue a decision on the custody or visitation arrangement. If the judge grants the request for a change, the new arrangement will become legally binding. If the request is denied, the original custody or visitation arrangement will remain in place.
Last Reviewed: March 27, 2024