Modification of a Custody Agreement

On November 13, 2012, in Divorce, Family Law, by John A. Weber IV, ESQ.

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.

Long Island Divorce Attorney

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!

 

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