Modification of Custody Agreement
Understanding the common misconceptions.
There are many misconceptions regarding whether or not custodial agreements can be modified. The fact of the matter is that a custody agreement is not that much different than other agreements or issues that arise in Domestic Relations Law in New York. Courts do their best to encourage parties in custody disputes to reach their own agreement rather than rendering a ruling which dictates custody. In fact, courts will do their best to uphold custody agreements as long as circumstances allow.
Certain standards are necessary for modification.
It may be said that the courts will initially view a case with the presumption that the agreement should be upheld. This should not be interpreted to mean that the agreement will be upheld in every case. The best interests of the child, a change in circumstances, and overall well being of the children will always be considered by the court. In order to succeed in modifying a custody agreement, it would be wise to focus your arguments in these areas.
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If you are unhappy with a custody agreement and need legal assistance in attempting to modify it, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a Family Law Attorney today!
Primary Caretaker as a Factor in Child Custody Disputes.
Often, when contemplating a child custody dispute, a parent may expect to be awarded custody of a child simply because that parent has spent more time raising or caring for the child. Depending on the circumstances, however, a court may or may not award custody to such a parent.
The New York Domestic Relations Law – which governs issues such as child custody, divorce, and other family law matters – contains the following language.
In all cases there shall be no prima facie right to the custody of the child in either parent, but the court shall determine solely what is for the best interest of the child, and what will best promote its welfare and happiness, and make award accordingly.
With this language, the New York Legislature has directed courts to award custody based on what the court believes to be in the best interests of the child. Courts consider all aspects of a child’s living arrangements and relations with parents when making custody decisions. The fact that one parent has acted as the primary caretaker of the child will certainly be taken into account. But a court will not award custody to either parent for this reason alone. This may seem unfair to some parents. But again, the court’s sole concern in custody determinations is the best interest of the child. Courts are not concerned with redressing grievances between parents, or compensating a parent for his or her investment in a child’s well-being.
If you are currently facing a child custody dispute, or are concerned that you may be facing one in the future, The Law Firm of VAUGHN & WEBER, PLLC is here to assist you. We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Turnpike, Suite #208, Mineola, NY 11501. Call (516) 858-2620 to speak with a Family Law Attorney today!
*Contributions to the research and preparation of this blog were made by Jason Mays, J.D. (awaiting admission in NYS)
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