The unfortunate reality for many husbands and wives who get a divorce is that they continue to have ongoing disputes and legal battles for many years after their divorce. Typically, these ongoing legal disputes center around issues of child custody, visitation and child support.
Pursuant to New York law a person has a right to seek a modification of an existing court order as it pertains to issues of custody, visitation and support under limited circumstances. The standard for seeking a modification varies depending on the nature of the case.
Modifications Of Child Support
Either parent may seek a modification of an existing child support order. The party seeking an increase or decrease of the existing child support order must prove a substantial change in circumstances. A substantial change of circumstances may include the involuntary loss of a job, a significant increase or decrease in salary, increased expenses or other changed circumstances that make the existing child support order unjust.
If you need to speak with a Rochester, New York, child support lawyer about a child support modification, contact the Law Offices of Kristine M. Demo-Vazquez, P.C. Our firm handles divorce, custody and support matters on behalf of clients throughout Monroe, Livingston, Wayne, Ontario, Yates, Steuben and Genesee counties.
Modifications Of Child Custody And Visitation
A parent may seek a change of a child custody order if there has been a substantial change of circumstances since the time the divorce order was issued and the court believes a change of custody is in the best interests of the child.
Although there are numerous situations that may warrant a change of custody, common grounds for modification include sexual or physical abuse, severe alcohol or chemical dependency and other factors that affect the physical or emotional welfare of a child.
A parent may also seek a modification of their visitation schedule. As with child custody modifications, a parent must show a substantial change in circumstances. The court must also consider the best interests of the child. As minor changes to a child’s visitation schedule are not as disruptive as a major custodial change, it may be easier for a parent to attain a minor visitation modification than a full custody modification. Speak with an attorney before making a decision about a custody or visitation modification, as they can provide candid advice about your chances of success and help you choose the correct path to pursue your goals.