There are many complicated aspects of family law. Arranging equitable distribution in a divorce can be difficult, particularly in cases where it’s hard for the couple to agree. Deciding who should get control over a family home is also a complex discussion. However, few things require more caution and careful consideration than issues associated with child custody. Not only does a child custody agreement need to be approved by a court based on an observation of what’s in the child’s “best interests,” but changing the order is a challenge. Even if a modification of child was right for the child, absent an agreement about it, the court would need to see a substantial change in circumstances before even getting to the issue of whether the modification is in the best interests of the child or children.
When working with clients on family law issues that involve child custody agreements and visitation or parenting time rights, I find that it’s essential to highlight the complexity involved in making the right decision for a child. The courts of New York and Long Island will not disrupt a child’s life and growth by altering their custody situation unless there is a good reason to do so, that’s why a substantial change in circumstances is crucial. It’s also essential for the people requesting the change to show that the alteration is in the best interests of the child.
In the past, the situation used to be that if people agreed in advance that another parent would be able to relocate as part of a written agreement that was ordered by the court, the agreement would control the relocation. However, that may not be the case today. The court can no longer automatically say what might be in the best interests of a child without hearing the full case. Continue reading