Custody modifications give some New York parents the summertime blues

May 21, 2013

Custody modifications give some New York parents the summertime blues

Summer break for children means soaking up the rays, getting a break from the rigors of school and having lots of fun. For countless families around the country, it also means taking a vacation to spend quality time together and make memories that will last a lifetime. Such vacations become more complicated when parents are divorced.

Breaking down the issues involved

When one parent, regardless of whether he or she has sole physical custody, joint physical custody or only visitation rights, wants to take the children on a summer trip across the state or across the country, the other parent's access to the child must be considered. If the parties are cordial and enjoy an amicable relationship, holidays and vacations won't likely be a problem. They can probably be resolved with a simple conversation and some flexibility in the preexisting custody and visitation schedule.

If the relationship between the parents is already strained, planning a trip can be tedious and stressful. When there is animosity between the parties, the willingness to compromise might be lost, and it can be impossible to come to a workable solution. In those cases, it might be necessary for the court to get involved to see if a temporary modification is in order.

The basics of custody modifications

New York family court judges will not rule on modification requests unless they are necessary due to a change in circumstances. The change must be a material change, and not be a whim, but the court does have a responsibility to foster a relationship between the child and both parents whenever possible, which is why temporary modifications are sometimes in order.

Once a New York family court judge has declared that a modification is necessary, the request will be decided in the same manner as initial custody determinations are. The law grants them wide discretion to make decisions on contested custody and parenting time cases in a manner that protects the child's best interests.

Judges to this by looking at a number of different factors, including:
-Age and health of both parents and the child
-Living situation of both parents
-Economic stability
-Special health or educational needs of the child
-Child's preference (if child is old enough to reliably express a preference)
-Each parent's relationship with the child
-Any history of emotional, physical or sexual abuse or neglect that could have an impact on the child
-Substance abuse issues
-Other factors the court deems relevant to the determination

If you anticipate that a custody or parenting time modification will be necessary this summer - or if you need assistance with another family-related legal matter, seek the advice of an experienced family law attorney in your area to learn more.

Article provided by O'Brien & Associates
Visit us at www.obrienassociateslaw.com