Quatela Chimeri, PLLC


In a divorce case when child custody is in dispute, the court will order final child custody and visitation arrangements. These arrangements are based on the best interest of the child. There are, however, many reasons why these arrangements may be modified. The courts will be guided by specific factors when determining if modification is necessary due to changes in circumstance.

A critical factor in determining whether to modify custody is the parent's ability to fulfill the child's basic needs. Custody will not be transferred just due to a less stable environment, changes in the custodial parent's environment have to be substantial.

A child's parental preference is rarely the sole reason for a custody modification. Courts will consider the child's preference as but one factor when making a determination.

The court will balance the impact that relocation has on the child with the right a custodial parent has to relocate. The court will examine the potential loss of the child's meaningful contact with their non-custodial parent.

One key factor in determining modification is changes in the physical or mental health of the custodial parent. Keep in mind that health problems aren't considered as isolated factors as they are viewed in light of a child's best interest.

Again, the court will consider the lifestyle of a parent only if there is a substantial impact on the child's welfare.

As you can clearly see, there are plenty of valid reasons to pursue child custody modifications. If you are considering pursuing a modification, your Hauppauge family law attorney can help. Schedule a visit today.

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Quatela Chimeri PLLC
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Hauppauge, NY 11788

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Fax: 631-482-9707
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