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Staten Island Custody Modification Lawyer | Affordable Family Law Attorney

My name is Paul W. Matthews. I am an experienced Staten Island Custody Lawyer, dedicated to protecting the rights of my clients, with the comprehensive knowledge needed for cases in New York State. Whether you are a parent or a spouse involved in a custody dispute, I offer effective solutions tailored to your unique responsibilities and circumstances.

Custody modification cases in New York involve complex legal proceedings that require a thorough understanding of the relevant laws and procedures. This comprehensive guide aims to assist litigants and attorneys by providing an in-depth discussion on how to navigate a custody modification case effectively.

Specifically, we will delve into the concept of substantial change of circumstances and the two-stage trial approach sometimes used by New York courts. By exploring these topics, we aim to clarify the legal framework and equip you with valuable insights to pursue a successful custody modification case.

Understanding your rights and responsibilities in these matters is crucial, especially in scenarios following a divorce. The separation of trial stages often forms a key strategy in these legal proceedings.

This article discusses the issue of custody modification cases only in the New York Courts. Laws may and often do differ in different states. It also does not discuss modification cases involving parents against non-parents, where different legal standards and procedures apply.

Staten Island custody modification cases are generally heard in the Richmond County Family Court, making it essential to seek prior consultation to understand the specific jurisdictional nuances. Consulting with a legal expert can provide you with tailored solutions to address issues unique to your case.

Staten Island custody modification cases are heard in the Richmond County Family Court located at 18 Richmond Terrace, Staten Island.

I represent parents throughout Staten Island, including St. George, Tompkinsville, Stapleton, Clifton, Concord, Arrochar, South Beach, Midland Beach, Dongan Hills, Grant City, New Dorp, Oakwood, Eltingville, Great Kills, Annadale, Arden Heights, Huguenot, Prince’s Bay, Pleasant Plains, Charleston, Rossville, Tottenville, Mariners Harbor, Elm Park, West Brighton, New Brighton, and Silver Lake.

I. Understanding Substantial Change of Circumstances:

In a custody modification case, which involves a parent against a parent, when one parent already has a custody order, establishing a substantial change of circumstances is a crucial element. New York law requires that there be a significant change in circumstances to warrant a modification of an existing custody order.

The term “substantial change of circumstances” refers to events or situations that significantly impact the child’s welfare and necessitate a reevaluation of the existing custody arrangement. Following a divorce, assessing these changes and understanding one’s rights and responsibilities becomes even more critical as it influences the decisions made regarding custody.

A. Factors Considered for Substantial Change of Circumstances:

1. Parental Unfitness: Evidence of a parent’s unfitness due to factors such as abuse, neglect, substance abuse, or mental illness may constitute a substantial change of circumstances.
2. Relocation: If a custodial parent plans to relocate, resulting in a substantial impact on the child’s relationship with the noncustodial parent, it may be considered a substantial change of circumstances.
3. Drastic Changes in Lifestyle: Significant alterations in a parent’s life, such as new relationships, job changes, or living conditions, that affect the child’s well-being can be deemed a substantial change of circumstances.
4. Violation of Existing Orders: Persistent and willful violations of the existing custody order by one parent may be grounds for a modification.
5. Although not all lawyers or even all jurists know this, in order to transfer custody after there has already been a custody order to one parent, it is not sufficient for the non-custodial parent to show that their situation has improved since the date of the custody lawyer. Instead, the non-custodial parent will have to prove that either the custodial parent’s situation has changed for the worse, or that the custodial parent has not been able to maintain a positive relationship between the non-custodial parent and the child or children.

B. Important Statutes and Reported Cases:

1. New York Domestic Relations Law (DRL) Section 240: This statute outlines the guidelines for child custody and modification in New York.
2. Tropea v. Tropea: The landmark case of Tropea v. Tropea (87 N.Y.2d 727) discusses the standards and factors that courts must consider and weigh in relocation cases.

II. Two-Stage Trial Approach: Establishing Change of Circumstances and Best Interests:

A. Stage 1: Substantial Change of Circumstances:

In a custody modification case, the court may bifurcate the trial into two stages. The first stage focuses on determining whether there has been a substantial change of circumstances. To establish this, the petitioner (the party seeking the modification) must present compelling evidence to demonstrate that a significant change has occurred, affecting the child’s welfare and necessitating a reassessment of the custody arrangement. Knowledge of these procedures can help you effectively approach this critical step in the process.

Although the bifurcated method seems to me to be preferable, some courts do not bifurcate and try both issues simultaneously.

Evidence that may be considered in stage 1 includes a range of responsibilities held by each parent which impacts the child’s well-being, as well as testimony from involved parties, including a spouse whose living or work conditions may have shifted significantly.

• Testimony from witnesses, such as teachers, therapists, or medical professionals, regarding the child’s well-being and any changes observed.
• Documentation of any incidents, such as police reports or medical records, indicating a change in circumstances.
• Records of a parent’s substance abuse, mental health issues, or criminal activity, if relevant to the child’s safety and well-being.
• Any other relevant evidence, such as emails, text messages, or photographs, that support the claim of a substantial change of circumstances.

B. Stage 2: Best Interests of the Child:

If the court determines that there has been a substantial change of circumstances, the trial proceeds to the second stage, which focuses on determining the best interests of the child. Sustainable solutions are sought during this phase to ensure the child’s needs are prioritized in the evolving familial landscape.

However, you may wish to request that the Court include the testimony and evidence from the change of circumstances hearing, in order to avoid having to call the witnesses and submit the documentary evidence twice. Understanding the challenges that come with presenting such evidence is crucial, especially in complex child custody cases where concerns over procedural efficiency and thoroughness can significantly affect the outcome.

The best interests stage involves an examination of various factors to assess which custody arrangement would be most beneficial for the child’s overall well-being. Factors considered in determining the best interests of the child may include a wide range of concerns from emotional needs to the stability of the home environment, illustrating the complexities inherent in child custody cases.

1. Child’s Preference: The court may consider the child’s wishes, depending on their age, maturity, and ability to express their preferences. There is case law that the child’s wishes, standing alone, are not sufficient to establish a change of circumstances. However, if the child or children are 17 or even 16 years old the court can “punt” by delaying a decision until the child or children turns 18, and the wishes of mature teenagers will typically be given a lot of weight.
2. Parent-Child Relationship: The court will assess the nature and quality of the child’s relationship with each parent, including factors such as emotional bond, communication, and support.
3. Stability and Continuity: The court will consider the child’s need for stability and continuity in their living arrangements, school, and community.
4. Parental Fitness: Each parent’s ability to provide a safe and nurturing environment, including factors such as physical and mental health, parenting skills, and willingness to facilitate the child’s relationship with the other parent.
5. Siblings and Extended Family: The court may take into account the importance of maintaining sibling relationships and connections with extended family members.
6. Child’s Well-being: The child’s physical, emotional, and educational needs will be considered, along with any special requirements or considerations.
7. Domestic Violence or Abuse: If there is a history of domestic violence or abuse, the court will prioritize the safety and well-being of the child and may take appropriate protective measures. Although the Court has almost absolute discretion as to which factors it will consider, it is mandated by statute to consider domestic violence issues.

C. Important Statutes and Reported Cases: The legal precedents and statutes governing child custody cases provide a foundation for arguments and help address potential challenges in determining the best interests of the child.

1. New York Domestic Relations Law (DRL) Section 236: This statute outlines the factors considered in determining the best interests of the child in custody matters.
2. Eschbach v. Eschbach: The case of Eschbach v. Eschbach (56 N.Y.2d 167) established the principle that the best interests of the child should be the primary consideration in custody modification cases.

III. Strategies and Tips for a Successful Custody Modification Case:

A. Gather Strong Evidence: Collect relevant and compelling evidence that supports your claim for a substantial change of circumstances or the child’s best interests. This may include documents, witness testimonies, photographs, school records, and other pertinent information that reflect the unique challenges and concerns found in child custody cases.

B. Consult an Experienced Attorney: Seek guidance from a knowledgeable family law attorney with expertise in stepparent adoption cases. They can provide invaluable advice, develop effective legal strategies, and navigate the complexities of the legal process. A pre-divorce consultation can be instrumental in preparing for potential future custody evaluations, which are often fraught with challenges and concerns.

C. Prepare Thoroughly: Organize your case meticulously by reviewing relevant statutes, reported cases, and court rules. Understanding your rights and seeking early consultation can make a significant difference in the outcome of child custody cases. Develop a clear and concise presentation of your arguments, ensuring they align with the applicable legal standards.

Consulting with an attorney well-versed in New York State custody law can provide a significant advantage in navigating these proceedings. Having a structured plan is crucial, not just for organizing your thoughts but also for effectively advocating your client’s position within the legal framework. This structure often includes clear agreements made during negotiations, especially in cases involving joint custody and other sensitive issues, which can ultimately strengthen your client’s confidence in the process and its potential outcomes.

D. Present a Coherent Narrative: Craft a compelling story that demonstrates the substantial change of circumstances or the child’s best interests. Present your evidence and arguments in a logical, persuasive manner that resonates with the judge.

Always advocate clearly, ensuring your plan highlights strengths and addresses potential weaknesses. The confidence gained from a coherent narrative can significantly influence the results of your advocacy in child custody cases, where challenges and concerns often play a crucial role in shaping judicial perceptions.

E. Consider Mediation and Settlement Options: Explore alternative dispute resolution methods, such as mediation, to potentially reach a mutually satisfactory agreement. Collaboration and compromise can often lead to more favorable outcomes while reducing the emotional and financial costs of litigation in child custody cases, where both parties may have significant concerns and challenges to address.

A thoughtful plan in this context can facilitate smoother negotiations and effective communication, laying the groundwork for positive results in your client’s favor.

F. Maintain Professional Conduct: Adhere to professional conduct and ethics throughout the process. Respectful and cooperative behavior can positively impact the court’s perception of your case and may help facilitate a resolution.

Being a strong advocate for your client in child custody cases involves not just a plan for legal strategy but also maintaining a professional demeanor at all times. Confidence in your conduct and approach can be instrumental in achieving the desired results despite the challenges and concerns often inherent in such cases.

G. Consider having a forensic evaluation, especially if you suspect that the court will do a bifurcated trial and your case is weak on the issue of change of circumstances, but strong on best interests. The forensic evaluator’s report will typically not be bifurcated, and it will be difficult for the court to ignore the expert’s recommendations.

Such evaluations can be crucial in resolving the challenges and concerns often present in child custody cases. Having a plan that includes such evaluations can reinforce your advocacy by presenting robust, expert-backed evidence, ensuring that the results support your case strategy. Consulting with family law attorneys can further enhance your approach by providing expert guidance on how best to present your case, keeping in mind the appropriate custody arrangements that respect your schedule and priorities.

IV. Visitation Cases

A party who wishes to change a visitation order may also have to show a change of circumstances, although Courts are typically more liberal in finding that a sufficient change of circumstances has occurred. There is case law, which is sometimes ignored, that just the child’s getting older is not, standing alone, sufficient change of circumstances to allow modification of the order. Usually, courts are more willing to allow modifications when the original order was limited by the fact that the child was an infant or toddler.

In these situations, I have found that most courts are quite liberal about expanding visits. On the other hand, there was one Family Court judge who refused to modify a visitation order even though both parties consented because she did not believe there was a change in circumstances.

It is essential to plan your case strategy to effectively advocate in such scenarios with confidence that your legal arguments will bring favorable results. A detailed consultation with family law attorneys can also provide valuable insights into crafting a custody arrangement that aligns with the child’s best interests.

Successfully trying a custody modification case in New York requires a thorough understanding of the legal principles surrounding substantial change of circumstances and the best interests of the child. By familiarizing yourself with the relevant statutes, reported cases, and procedural nuances, you can navigate the complexities of the legal process more effectively.

Remember to consult an experienced family law attorney who can provide tailored advice and develop strategies to support your case. With proper preparation, strong evidence, and a compelling narrative, you can increase your chances of obtaining a favorable outcome for your client or yourself in a custody modification case.

Whether it involves negotiating joint custody agreements or presenting your case before a judge, a robust plan will aid in advocating more efficiently at each stage of the process. Furthermore, effective management of your schedule can ensure that you and your attorney are well-prepared for critical court appearances and negotiations.

Serving All Staten Island Neighborhoods

I represent parents and families across Staten Island, including Grasmere, Clifton, Stapleton, St. George, Tompkinsville, Dongan Hills, South Beach, Midland Beach, New Dorp, Oakwood, Great Kills, Eltingville, Annadale, Arden Heights, Huguenot, Prince’s Bay, and Tottenville. All Staten Island Family Court cases are heard at 18 Richmond Terrace, Staten Island, NY 10301.

About Paul W. Matthews, Esq.

Paul W. Matthews is an experienced Staten Island family law attorney with more than 25 years of trial experience in New York Family Courts. He has handled hundreds of cases involving child custody, visitation, paternity, child support, and Family Court orders of protection, leading to results that often reflect the confidence instilled in his clients through diligent representation. His comprehensive understanding of custody arrangements ensures clients receive the guidance necessary to meet their family needs.

He represents clients throughout Staten Island from his office near Grasmere and also maintains a Manhattan office at 90 Broad Street in the Financial District for parents with matters in Manhattan or Brooklyn Family Court.

Paul personally answers his own phone and provides direct, individualized representation in every case. His practice emphasizes clear communication, practical strategy, and strong advocacy in custody, visitation, support, and parentage cases in the Staten Island Family Court at 18 Richmond Terrace. When you consult with Paul, you can be assured of a well-devised plan tailored to your needs, ensuring confidence in the pursuit of favorable results. A meticulous management of your legal schedule is integral to Paul’s approach, maximizing outcomes favorable to clients (347) 461-0760