DeRoberts Law Firm

Focused On Protecting Your Family And Your Future

Client-Focused And Compassionate Representation For Your Family

Last updated on March 8, 2022

Following a divorce or separation, your family experiences a myriad of emotional and financial changes. As time passes, your family’s needs may evolve requiring a modification to a court-ordered agreement. At DeRoberts Law Firm, we take the time to listen to your specific needs and work collaboratively to develop the right plan for you and your children.

When Is A Child Custody Modification Allowed?

Post-decree modifications are allowed in a variety of situations. When assessing a potential custody change, the court’s primary concern is always the best interests of the child. Generally, a child custody modification requires a showing of a substantial change in circumstances. Petitions for modification typically arise when:

  • Changes to physical custody become necessary – An older child wants to live with the other parent, or the noncustodial parent seeks full custody because of abuse or domestic violence, neglect, addiction or the child’s difficulties in school or the law.
  • One parent wishes to relocate – The custodial parent cannot relocate out of state, or even any sizable distance within New York, without permission from the court. There must be a very good reason (employment or educational opportunity) that serves the interests of the child. Remarriage is not a sufficient ground. A custodial parent may have to choose between the kids and a new spouse. The move cannot violate the other parent’s right to be actively involved in the child’s life. If the petition is granted, visitation terms must be amended.
  • One parent wishes to alter the parenting plan – If the custody agreement no longer meets your needs because of changes in work schedule or other commitments, i.e. his or her job schedule requires night shifts and/or long periods of time away from home, we can negotiate a new, workable plan (or go to court to resolve it).
  • One parent refuses to honor the court-ordered plan and willfully violates the agreement.

Custody arrangements must honor each parent’s right to participate in the child’s life and modifications may not interfere with either parent’s time. Modifications may be made if undue hardships arise that impact the current arrangement provided the changes place the child’s best interests first.

Our firm also assists families with enforcement of child custody orders. You have the right to petition the court for assistance with enforcement in the event that disagreements cannot be resolved internally or through mediation. If the current arrangement is still not adhered to following judicial intervention, the custody order may be modified and the offending parent may lose custody or visitation privileges.

Attorney Jeffrey DeRoberts has been helping families overcome obstacles and develop practical and mutually beneficial custody agreements for more than 25 years. He has the legal skills and experience you need to make sound decisions for your family.

Aggressive Representation For Modifications

Mr. DeRoberts has handled every scenario, and represented clients on both sides of the issue. If it is necessary to modify your divorce decree or initial order governing custody or child support, Jeffrey DeRoberts is an experienced family law attorney who can advance your interests and protect your rights. He is skilled at the give-and-take required to resolve these issues out of court.

He is also a formidable trial lawyer who will stand your ground if it becomes a dogfight. Furthermore, he offers you something that many other firms cannot: experience, dedication and the personal attention of your attorney throughout the duration of your case.

Rely On Our Child Custody Modification Lawyer For Your Toughest Challenges

Child custody cases can be intensely emotional and difficult to navigate. At the DeRoberts Law Firm, you receive a high level of representation in a comfortable and compassionate environment. We offer flexible office hours to suit your schedule.

Call us at 315-479-6445 or contact us online for a free initial consultation.