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!
Residency Requirements
Not just anyone can get divorced in a New York State Court. Only litigants meeting the residency requirements set out in the New York State Domestic Relations Law Section 230 will fall within the jurisdiction of a New York State Court. If litigants do not meet these residency requirements, their divorce cases will not be heard by a New York State Court.
Domestic Relations Law Section 230 sets out five possible ways of meeting the residency requirement. If satisfied, any one of these requirements will ensure that a litigant’s divorce case falls within the jurisdiction of a New York State Court. But, in order to avoid wasting time or other resources, it is important to ensure that at least one of these requirements is met before beginning a case.
Requirement #1
(1) One spouse lived in New York State on the date the divorce action began, and
(2) for at least one continuous year immediately prior to the date the divorce action began, and
(3) the marriage was performed in New York State.
Requirement #2
(1) One spouse lived in New York State on the date the divorce action began, and
(2) for at least one continuous year immediately prior to the date the divorce action began, and
(3) the spouses at some point lived together in New York State as a married couple.
Requirement #3
(1) One spouse has been a resident of New York State for one continuous year immediately prior to the date the divorce action began, and
(2) the cause of action arose in New York State. (The “cause of action” is the event or series of events that gives one spouse grounds to seek divorce.)
Requirement #4
(1) The cause of action arose in New York State, and
(2) both spouses are residents of New York State at the time the action arose (no time requirement).
Requirement #5
Either spouse lived in New York State for at least two continuous years immediately prior to the date the divorce action began.
If you would like to pursue a divorce in New York, and have questions about residency requirements or other issues, the Law Firm of Vaughn, Weber & Prakope, PLLC, is here to assist you. Contact us at (516) 858-2620 to arrange a consultation with a divorce attorney.
Marital Agreements
Recently, we have received several questions regarding marital agreements such as prenuptial and separation agreements. The questions seem to focus on whether or not the agreements are binding. Primarily whether or not a court can decide to modify the terms of such agreements if they are deemed unfair. The truth of the matter is that these types of agreements are legal contracts. If executed in compliance of the required formalities, then these agreements are generally binding. Modifications to these agreements are permissible as long as both parties consent and follow the appropriate formalities for modifications. Courts, however, will tend not to modify the terms of such agreements unless there are extenuating circumstances. It is not an easy task to convince a judge to alter or void the terms of these marital agreements. One exception to this general conclusory statement is when the best interest of an involved child would dictate that the Court intervene and impose its will. These agreements are very intricate and the necessary terminology can be the difference in whether one of these marital agreements are valid and enforceable or possibly declared void and meaningless. As always, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a family law attorney!
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