Legal Question in Family Law in New York

My sons are 11 years old. Their father and I share residential custody of the boys and their time is split between the 2 homes. They go to school by me. Their father lives 1/2 hour away.

The boys want to spend more time here with me. It's where their friends are. Talking to Dad is of no help. We will need to go to court to adjust the time.

The current order has been in place since they were 18 months old.

I keep reading that I need to have a substantial change in circumstances in order to modify the current order. But examples of change in circumstances are hard to find. We havent moved and Dad isnt a drug addict. I did get remarried a few years ago and the boys have a new sibling. They will be going to the middle school next year.

The boys have to be forced to go with their father every week.

Can you someone please give me a list of substantile changes in circumstances allowed by the courts.

Thanks.


Asked on 2/26/10, 7:36 am

1 Answer from Attorneys
Rory Alarcon Rory Alarcon, Esq.

There are numerous substantial changes that may occur with regard to the visitation agreement, and there are really no scenarios guaranteed to require amendment of your papers. Depending upon your arrangement and the boys current schedule of activities / school / etc., the court may consider the changing needs of the children to be significant enough to warrant an adjusted schedule. A full analysis of all factors should be considered.

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Answered on 3/03/10, 11:24 am


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