When you and your spouse decide to file for divorce, it can be an overwhelming and difficult matter to navigate. However, you may feel like a significant weight has been lifted from your shoulders when the divorce is finalized. As time progresses, however, you may find that the arrangement ordered by the court is no longer in the best interest of your child. If this reflects your circumstances, you may wonder if it’s possible to alter the terms and conditions established in the custody agreement. The following blog explores what you must know about these matters, including the importance of working with a Long Island divorce modification lawyer to help you explore your options.

Under What Circumstances Will the Court Alter a Custody Agreement?

First and foremost, it’s critical to understand that the court will not change an established custody arrangement just because one party doesn’t like or agree with the terms and conditions of the order. For the court to issue a modification, the petitioner must show that a significant change in circumstances has occurred that warrants an alteration. As such, some of the most common reasons a modification may be ordered include, but are not limited to, the following:

  • One parent moving, particularly for a far-away relocation
  • One parent’s job responsibilities and schedule are changing
  • Allegations of abuse or neglect
  • Allegations of substance abuse
  • A parent’s inability to provide a safe and stable home for their child
  • A parent’s repeated refusal to cooperate with the current custody arrangement
  • The child develops new educational or medical needs

It’s imperative to understand that when the court is tasked with determining whether or not to change a custody schedule, they will still consider whether or not it is in the best interest of the child.

What Are the Steps in This Process?

If you wish to change the terms and conditions of your custody arrangement, it’s important to understand the steps involved in this process. Generally, the first thing you may want to do, if you and your ex-spouse are amicable, is discuss the matter with them. They may be open to the proposed changes, especially if it is in the best interest of the child.

I’ss important to understand, however, that just agreeing to honor a modified custody schedule that has not been approved by the court is not in your best interest, as it is ot legally binding. As such, if you both agree to a change, you must still file a petition with the court to alter the agreement. Once the court sees that both you and your ex are in agreement, they can issue the change so long as it does not harm the child.

If you and your spouse cannot agree on the proposed change, you’ll need to let the court issue a decision. As such, you must submit a petition detailing the change and why you believe it is necessary, as well as provide supporting documentation. The court will schedule a hearing to determine if the change is necessary. If the court agrees, they will issue a new custody agreement with the change.

As you can see, this is an incredibly complicated matter, which is why it’s critical to connect with an experienced attorney with the Law Offices of Jay D. Raxenberg, P.C. Our team will do everything in our power to help you fight for the best possible outcome for your family. Contact us today to learn more.