Legal Question in Family Law in New York

What constitutes ''substantial'' change?

Please help me understand what a ''substantial'' change might be in order to mofidy a current (visitation) order. Is what the WRITTEN order ''is'' or can a court transcript be used to ''rewrite'' that order? I was also informed that as my order has me dropping my children off by 5 p.m. every other Friday that I CANNOT obtain employment that would interfere with that (I drive 2 hours one-way to bring the children to their father). Could this be explained...PLEASE. Would this give me reason to ask for an upward modification in support if I cannot gain employment DUE to the order? Thank you for any assistance you can offer.


Asked on 9/21/04, 3:50 pm

1 Answer from Attorneys
Rachel Yosevitz Bistricer Yosevitz

Re: What constitutes ''substantial'' change?

If the court transcript lays out the Decision of the Court and is what the Order is supposed to be based upon and if that Order is different than the court trabscript, you may move the court to have the Order modified to reflect the transcript of the court's decision.

I highly recommend that you consult with an attorney so that you can explore your legal rights, obligations, and alternatives. If you wish to discuss retaining my services, contact me at 516 256-7737 or 212 239-2460

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 9/29/04, 7:42 am


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