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To begin the process of changing your custody order, you will need to fill out the forms for a ?Petition for Modification of an Order of Custody/Visitation.? You can get the forms in the courthouse or you can file a custody or visitation modification petition online through the NY Courts website.

Custody Modification Process The paperwork must include a motion for modification, appearance, and affidavit concerning children. A hearing to consider the modification will then be set by the court. Once the court date is set, the other parent must then be served by a State Marshal with a copy of the forms.

If you and the co-parent agree on post-decree modifications without court involvement, craft your proposed agreed modification order on your own or with the help of an attorney or legal counsel and submit it to the court. If you don't agree, you need to go to court.

In New York, there is no specific age when a child can decide who he or she wants to live with. The court has the final say until the child turns 18 years of age. In most cases, the circumstances of the situation will matter as much or more than the child's age.

If your current child custody arrangement is no longer working, it is your right to petition the court for a modification. In order to do so, the change must be in your child's best interests, and you must be able to show that substantial change of circumstances has taken place.

Parents are obligated to follow a custody order's terms until a child reaches 18 or is emancipated. A custodial parent can face legal consequences for preventing visits between a child and the noncustodial parent. A child who refuses visitation puts a parent in a perilous situation.