Child Custody in New York

Divorce Attorney Explains How to Modify Custody Arrangements

Video Transcript:

Rob Rosenthal:

Here's a Quick Question from AskTheLawyers™. How complicated is it to modify child custody in New York? We ask attorney Chaim Steinberger.

Chaim Steinberger:

First question is always going to be, what changed six months ago, a year ago, two years ago; of course, the more time that has passed the greater the possibility that there's going to be a modification because things change. The agreement that worked when little Jimmy was 9 years old may not be appropriate for little Jimmy when he's 14 years old; the closer he gets to 18, the more the judge will defer to what he wants. If there's this young child and you want to modify custody, the first question is, what has changed? Was there a change in circumstance? If you can’t show there was a change in the circumstances the court won't even consider it; they won't even entertain your application. If you can show there was a change of circumstance, now we go back to the custody battle and now we take a look at all of the considerations of custody and see which parent is a better parent, always using the touchstone of what is in the best interest of the child.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.

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