When you and your former spouse or your child’s other parent initially entered a custody battle, your child may have been too young even to comprehend what was going on. But now, as the years have passed, they may have reached maturity and now understand the implications of their current custody arrangement. With this, they may have their own idea of a living situation and familial dynamic they would be happiest with. Well, please read on to discover whether a child can express their preference for a custody change and how a seasoned New York City child custody attorney at Zimmet Law Group, P.C., can provide emotional and legal support for you and your child at this time.
Can a child express their preference for a change to their custody order?
As your child grows older, their fundamental needs and personal experiences with each parent may evolve. With this, it is realistic for your child to want a post-judgment modification to your existing custody order. For a New York State Family Court judge to entertain this change, there must be a proven, substantial change in circumstances that affects your child’s best interests. Specific examples of reasoning your child may present to the judge are as follows:
- Your child may believe their custodial parent fails to dedicate adequate time to meet their needs for a proper upbringing (i.e., they exercise neglect or abandonment).
- Your child may have had personal experiences of physical, verbal, or emotional abuse with their custodial parent (i.e., they demonstrate domestic violence).
- Your child may feel unsafe in their custodial parent’s new living environment (i.e., they exhibit substance abuse issues, live with a new partner who demonstrates violence, move to a dangerous neighborhood, etc).
- Your child may find that their custodial parent is constantly interfering with their other parent’s scheduled parenting time (i.e., they create a rift in this relationship).
- Your child may notice that they would be offered better resources and support if they primarily resided with the other parent (i.e., better education, healthcare, social life, etc).
As a parent, how can I support my child during a custody modification case?
The day your child comes to you expressing their desire to change your existing custody order may be a very difficult one for you, especially if it means potentially reducing the parenting time you will have with them. However, you must set aside your emotions and support your child’s belief in what is best for them. That is, since they cannot do it themselves, you may petition for a post-judgment modification on their behalf.
Then, you must refrain from over-coaching your child throughout this process. Inadvertently, you may be placing too much pressure on them to please you, which may affect how they express their preferences. Rather, allow them to have a private conversation with the New York State Family Court judge hearing the case (i.e., in a Lincoln hearing), and let an Attorney for the Child (AFC) and a forensic child psychologist work with them independently.
At Zimmet Law Group, P.C., we treat every case with kid gloves, and you will notice this upon your initial phone call. So please do not hesitate to allow one of the competent matrimonial and family law attorneys to represent you in your upcoming case.
