Changing financial and personal situations may necessitate revisions of existing child custody or child support orders. If you find the need for a modification, the attorneys at the Law Offices of Randy S. Margulis in Buffalo can help you through the required court process. We can also defend an existing order if the other parent is requesting a modification that you do not agree with. Our knowledgeable family law firm serves clients throughout Erie County and Western New York.
To modify a child custody or child support order you will need to prove to the court that there is a material change in circumstances since the existing order was established. Examples of substantial changes include the following:
In the case of child support, besides a substantial change in financial situations, you may be able to seek a modification if it has been three years since the order was entered, adjusted or modified. We can help you determine whether you might qualify for a modification to child custody and/or support orders, and if you do, assist you throughout the process.
Either parent can file a petition with the court to modify an existing order. The person petitioning must describe why they are seeking modification and provide evidence of the substantial change in circumstances. The change could be to their own circumstances, that of the other parent, or that of the child. Once the petition is filed, the filing party has to have the other parent served with the petition papers. A hearing before an Erie County family law judge or a judge from another local court, depending where the filing took place, will then be scheduled. Our attorneys will ensure that the paperwork is properly filled out, filed and served so that there are no delays in the filing process.
To convince the court to grant a modification, you must provide evidence that the change in circumstances is substantial and also convince the court that the modification is in the child’s best interests. As long-time lawyers handling child custody and support cases, we have in-depth knowledge of the factors under the law that judges use to make custody and support determinations. We will bring this experience to bear in pursuing a favorable outcome for your modification request. And if you need assistance defending an existing order, we have the needed background to do that as well.
The Law Offices of Randy S. Margulis skillfully handles modification requests and defenses to existing child custody and support orders for clients throughout Buffalo and the Western New York area. To speak with an attorney in a consultation call 716-886-9600 or contact us online.