Child custody disputes can be emotionally charged and legally complex, particularly when one parent seeks to modify an existing custody order. In New York, custody orders are always subject to modification if there has been a substantial change in circumstances. However, a parent seeking modification must present sufficient evidence to demonstrate that a change in circumstances has occurred since the original custody order was entered. The change must be of such a nature that it affects the best interests of the child, and it must have occurred since the original order was entered.
Examples of changes that may warrant modification include a change in a parent’s living situation, a change in the child’s school or medical needs, or a change in the relationship between the child and each parent. The court will consider a variety of factors, including the child’s relationship with each parent, the ability of each parent to provide for the child’s needs, and the child’s own wishes, if he or she is of a suitable age and maturity. The best interests of the child are always paramount in custody disputes, and the court will consider all relevant factors when determining whether to modify a custody order. Proving that there has been a change in circumstances that warrants a modification can be challenging, as demonstrated in the case of Matter of O’Brien v. O’Brien, 66 A.D.3d 1025 (2d Dep’t 2009).
Factual Background