Legal Question in Family Law in New York

Re: Re-Open Child Custody After Divorce

The court will entertain a petition to modify the existing arrangement if there has been a change in circumstances subsequent to entry of the current order. Then, the court will consider the children's best interests in devising a new arrangement. Visitation every weekend sounds pretty liberal to me. Unless you ex- can make a strong case that you are not properly caring for the children or are disturbing his relationship with them, for example, he is unlikely to win custody or even more visitation. Please do not hesitate to call me at 212-367-9167 to discuss your particular situation further.

Good luck,

Seth M. Kaufman

Re: Re-Open Child Custody After Divorce

Custody (and visitation) are always before the Court and can always be modified, IF there is a substantial change in circumstances, in the best interests of the child.

I would need more facts before I could advise you. If you wish to discuss this privately, please give me a call to schedule a consultation.

Re: Re-Open Child Custody After Divorce

In order to be successful in modifying an existing order for custody the father would have to show a "change in circumstances" in the arrangement AND show that it would be "in the best interests of the child" to switch custody to him. This is a pretty high standard. The father could claim that the existing home environment it unsafe i.e. mother on drugs or never home. However, courts most likely will NOT change custody just because he makes more money and could provide a better home.

Visitation is different however, lately courts encourage visitation by the non-custodial parent but not if it is disruptive. For example a father who has weekend visits could probably be successful in getting additional visitation during a weeknight when he has the child for a few hours after school for dinner but the child should be returned prior to his bedtime. Or a father with daytime visits may ask for overnight visits during the weekend. If the father tries this, you should ask for a weekend visit or two a month so you can spend week ends with the child as well. Each situation is different and usually I discuss what a client is willing to do to resolve the issue by negotiation. It is best to keep the schedule simple so the child stays on a routine. Good luck!