Child Custody Modifications: Burden of Proof

Jul 03, 2023

Every child deserves a nurturing environment and a secure future. Sometimes, changes in life circumstances may necessitate modifications to a child custody agreement to ensure the child’s best interests. Are you considering child custody modifications in New York? If so, the first step is understanding the burden of proof.

In legal terms, the ‘burden of proof’ refers to the necessity of providing credible evidence to substantiate the need for modification. At Levitsky Law Firm, we guide our clients through this complex process with expertise and compassion.

Burden of Proof in Child Custody Modifications

To successfully achieve child custody modifications, one must convincingly establish the grounds for custody modification. Broadly, this involves demonstrating two key aspects: a significant change in circumstances, and that the proposed modification is in the child’s best interests.

Significant Change in Circumstances

This refers to a considerable shift in conditions since the original custody order. It can include relocation, remarriage, changes in the child’s behavior or academic performance, or developments affecting a parent’s ability to care for the child.

Best Interests of the Child

This standard, central to any custody decision, encompasses factors such as the child’s physical and emotional well-being, stability, and the quality of the child’s relationships with the parents.

Making modifications to a child custody agreement is not a straightforward process. It demands thorough knowledge, strategic planning, and professional legal support.

Modify Child Custody With Our Brighton Beach Family Lawyer

The task of meeting the burden of proof is challenging. As experienced Brighton Beach family lawyers, we at Levitsky Law Firm provide comprehensive assistance throughout this process.

Our child custody lawyer will meticulously evaluate your unique circumstances and guide you in gathering compelling evidence. We will ensure that your case for modification is built on solid grounds, focusing on presenting your arguments persuasively in court.

Take the first step towards securing your child’s future. Contact Levitsky Law Firm today for a free consultation. Your child’s well-being is our paramount concern.