New York Family Law Blog
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
In Matter of O’Brien v. O’Brien, the father sought to modify an existing custody order that granted him visitation rights with his children on alternating weekends and holidays. The father alleged that the mother had interfered with his visitation rights and had failed to notify him of important events in the children’s lives, such as medical appointments and school events. He argued that these actions constituted a violation of the terms of the custody order and warranted a modification of custody.
The mother denied the father’s allegations and provided evidence that she had not interfered with the father’s visitation rights and had made efforts to communicate with him about the children’s activities. She also argued that the father had not presented sufficient evidence to demonstrate a change in circumstances that would warrant modification of the custody order.
Discussion
The court in Matter of O’Brien v. O’Brien noted that a custody order is always subject to modification if there has been a substantial change in circumstances. The court further explained that the parent seeking modification of a custody order must present evidence demonstrating that there has been a significant change in circumstances since the original order was entered. The court also noted that the best interests of the child are paramount in custody disputes, and 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.
In this case, the father argued that the mother had violated the terms of the custody order by interfering with his visitation rights and failing to communicate with him about the children’s activities. However, the court found that the father had not presented sufficient evidence to support his allegations. The court noted that the mother had provided evidence that she had not interfered with the father’s visitation rights and had made efforts to communicate with the father about the children’s activities. As a result, the court concluded that the father had not demonstrated a change in circumstances that would warrant modification of the custody order.
Conclusion
Child custody disputes can be emotionally draining 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, as demonstrated in the case of Matter of O’Brien v. O’Brien, a parent seeking modification of a custody order must present sufficient evidence to demonstrate that there has been a significant change in circumstances since the original order was entered. This can be challenging, and it is important to seek the guidance of an experienced New York family law lawyer to ensure that your rights and the best interests of your child are protected.