When you apply for a modification of an earlier order in a New York child custody dispute, you’ll have to present evidence showing a change of circumstances to justify that the modification is necessary to protect a child’s best interests. If you stipulated to the earlier order there is case law that stands for the proposition that you can present evidence of any changes from the time of stipulation.
Although you should show that the substantial change occurred since the issuing of the order, the court may consider all relevant factors related to the best interests of the child when determining child custody, sometimes, even, including the behavior of the parents before and at the time of stipulation. In determining whether a change in circumstances warrants the modification of a custody arrangement, the court will look at whether the change implicates the fitness of the custodial parent or affects the nature and quality of the noncustodial parent’s relationship with the child. There may be a time lag between a stipulation and the court’s issuance of an order, but this should not be a lost period for the purposes of presenting evidence to prove that the modification is appropriate.
For example, in the Matter of MMH v. William DH, the court considered a New York mother’s request for a modification of an earlier order. She wanted an order for sole custody and an order that would allow her to move to another state. The father opposed the application for these orders.