Select your state

Child custody

modification

Either parent may file a petition to modify a child custody order—but usually only when there is a substantial change in circumstances that affects the child (including changes in one or both of the parents’ lives) that justifies the court revisiting and possibly modifying the earlier child custody order.

The petition to modify child custody generally must be filed in the same court in which the parents’ divorce case was decided. But if the child lives in a different county or state, the courts of the county or state where the child lives may be the proper place to file a petition to modify a child custody order.

In New York, either parent has the right to petition the court to modify a child custody order. However, the court will only consider such a petition if there is a substantial change in circumstances that could affect the well-being of the child. This change could be related to either parent's life or other factors that impact the child's best interests. The petition to modify custody is typically filed in the same court where the original divorce and custody decisions were made. If the child has since moved to a different county or state, the petition may need to be filed in the jurisdiction where the child currently resides. The court will then evaluate if the jurisdictional change warrants a transfer of the case. It's important to note that the primary consideration for the court in any custody modification will be the best interests of the child.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Child custody

modification

Individual & Family Legal Plan

Articles

New-York State Code

New-York State Code

Child custody

modification

Articles