Nassau New York Petition For Modification of Order Made By Family Court Or Another Court

State:
New York
County:
Nassau
Control #:
NY-4-11
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PDF
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This form is an official State of New York Family Court sample form, a detailed Petition for Modification of Order of Another Court - Support - Custody - Visitation.

Title: Comprehensive Guide to Nassau New York Petition for Modification of Order of Another Court Supportor— - Custody - Visitation Introduction: Nassau County, located in New York, offers a legal process called Petition for Modification of Order of Another Court Supportor— - Custody - Visitation. This petition allows individuals to request a change in various aspects of existing court orders related to child support, custody, and visitation rights. This article aims to provide you with a detailed description of these petitions, their types, and their relevance. 1. Nassau New York Petition for Modification of Order of Another Court — Support: This type of petition allows individuals to seek modifications to court orders relating to child support. It is filed by individuals who believe that a change in circumstances justifies adjusting the amount of support being paid or received. Relevant keywords include child support, modification, change in circumstances, Nassau County, and New York. 2. Nassau New York Petition for Modification of Order of Another Court — Custody: This petition enables individuals to request changes to existing child custody orders. It is commonly used when a significant change in circumstances, such as a parent's relocation or concerns about the child's wellbeing, requires adjustments to be made in the custody arrangement. Keywords for this type of petition include child custody, modification, parental relocation, change in circumstances, Nassau County, and New York. 3. Nassau New York Petition for Modification of Order of Another Court — Visitation: This type of petition allows individuals to seek modifications to visitation orders established by another court. It is often utilized when one parent wants to modify the visitation schedule due to changes in their availability or concerns about the child's safety or well-being during visitations. Relevant keywords include visitation rights, modification, visitation schedule, child's safety, Nassau County, and New York. It is important to note that these petitions can be used individually or in combination, depending on the specific circumstances of each case. For instance, one may file a petition for both support and custody modifications if both aspects require adjustments. Conclusion: Nassau New York Petition for Modification of Order of Another Court Supportor— - Custody - Visitation provides individuals with a legal recourse to seek modifications to existing court orders related to child support, custody, and visitation. With specific types tailored for each aspect, petitioners can navigate through the legal process to address changes in circumstances. It is advisable to consult with an experienced family law attorney to ensure all relevant factors are considered while filing these petitions in Nassau County, New York.

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FAQ

Common ?substantial changes in circumstances? may include: a loss or gain of employment, a sudden change in either party's finances, a relocation of the parties or children, a death, a change in the child's wishes, etc.

Petitions can be emailed to NYFCSupport@nycourts.gov or sent by U.S. mail addressed to the appropriate county Family Court, or by calling 212-343-1122 (LIFT), 646-877-6050 (OCSS), or 646-386-5299 (Family Court) for assistance.

A substantial change is one that is significant enough to negatively affect the child's life to such an extent that the current custody agreement is no longer in the child's best interest. You will need to prove that a situation has significantly changed, necessitating a child custody modification.

Three years have elapsed since the order was entered, last modified or adjusted ? once three years have elapsed, either parent can seek a modification (upward or downward), and the court has the authority to look at the parties current income to recalculate the Basic Child Support amount.

A parent who develops a serious health condition or an addiction to mind-altering substances presents such an example. If the custodial parent desires to move out of state with the minor children, an argument could be formulated that this constitutes a material change of circumstances.

The court has held that for there to be a substantial change in circumstances, the petitioner must show that under the current order, the child's needs are not being met, there has been an unforeseen change in circumstances, and that the child support agreement was unfair when it was made.

Examples of substantial changes in circumstances include: There has been a significant change in the child care arrangement (such as a new full-time nanny) The child wants to change the order and is over age 12. The child is somehow endangered by a parent's actions (or inactions), or the home environment is unsafe.

New York allows for the modification of child custody and visitation if the parent seeking the petition can show the following: There's been a substantial change in circumstances of the parent or the child since the custody agreement was established. The child requesting the modification is at least 12 years of age.

Either the custodial parent who receives child support can petition Family Court for a modification?usually an increase, or the noncustodial parent who pays child support can petition Family Court for a change--- usually a decrease.

You can petition the court yourself with the help of your county's Family Law Facilitator or a private attorney, or your local child support agency can review your case at no charge.

More info

Obtain a support order from court for a child, including a provision for health care coverage. The mother had filed a petition to modify the custody order to provide for sole legal custody of the child on May 6, 2008.When examining a request for a modification of a custody or visitation order, the courts will use a two-part test. Still have questions or need help filling out forms? A petition seeking an order of visitation can be filed to get a court-ordered visitation schedule. READ MORE.

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Nassau New York Petition For Modification of Order Made By Family Court Or Another Court