The modification of a child custody order can be extremely complex. The court will only approve a modification if a significant change in one or both of the parent’s situation has occurred. Furthermore, the modification must be in the best interests of the child or children involved. An Albany child custody modification lawyer can help you determine whether a recent change in your circumstances is sufficient grounds to request a modification. A child custody attorney can help with requesting such a change and advocate your case before the court.
One of the child’s parents must experience a considerable revision of their circumstances in order for a judge to consider their request for a modification of custody. For example, if one parent is laid off or fired and is unable to meet the needs of their child, a custodial modification might be in order. Likewise, if one parent is convicted of a crime and incarcerated, the other parent may request a change in the original custody agreement. Regardless of the reason behind the modification request, the parent asking for the change must be able to show that altering the custody order is in the best interests of their child. A dedicated lawyer in Albany can provide vigilant advocacy to safeguard a parent’s right to custody of their child or to request a modification after a major life change.
There are a variety of changes in the life of one or both parents that may lead them to file a petition to modify the existing child custody agreement. For example, if the fitness of one of the parents is in question, the court may approve a modification. A parent who has become incarcerated, is abusing drugs or alcohol, has abandoned the child, or acts abusively towards the child is no longer able to provide a safe and secure living environment. When the fitness of a parent is in question, the petitioning party must be able to provide evidence to the court in an affidavit to support their allegations.
A need to request modification may arise out of other factors besides the fitness of a parent. If, for instance, one parent relocates out of state, or gets a new job that requires them to work different hours than before, a custody modification may be needed. The preferences of the child themselves may also be considered by the court when determining whether to approve a custody modification. If the child is older than 12 and it can be shown that their request serves their greater interests, the court may proceed with the modification.
The court may leverage a variety of factors to determine whether a proposed modification is in the child’s best interests. In circumstances where one parent has been regularly missing visitation and the other parent requests a custody modification, the court may determine that a more stable schedule is in the child’s best interest. The court will often consider the psychological and physical well-being of the child, as well as the child’s preferences, when determining whether there are reasonable grounds for a modification. The involvement of each parent in their child’s life and how well the parents are able to communicate to support the needs of their child can also factor into the court’s decision. An Albany attorney could advocate on behalf of a parent requesting a custody change, or contest a modification request that is averse to the child’s best interest.
An Albany child custody modification lawyer can provide continuous legal support to petition for a change of custody or enforce a current order. To learn more about what your rights and options are in a child custody modification case, contact the office now and schedule your confidential consultation.
Colwell Law
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(518) 462-4242
200 Great Oaks Blvd