New York Divorce Lawyer Blog
Custody disputes can become particularly fraught in high-conflict divorces, especially when one parent seeks to modify a previously agreed-upon arrangement. New York courts, however, are generally reluctant to disrupt a negotiated parenting plan absent clear proof that a substantial change in circumstances has occurred. A recent New York ruling illustrates the legal standard for post-judgment modification and demonstrates the court’s emphasis on stability and procedural fairness in custody and co-parenting matters. If you are seeking to modify a parenting agreement or facing contentious litigation over decision-making authority, it is critical to consult a skilled New York family law attorney who can guide you through the legal framework and advocate effectively for your interests.
History of the Case
It is reported that the parties entered into a comprehensive 73-page stipulation of settlement in 2021, following extensive negotiation and with the assistance of counsel. This agreement granted the parents joint legal custody and nearly equal parenting time, which both parties affirmed as being in the children’s best interests during their court allocution. Despite this agreement, the mother subsequently filed multiple motions to modify the custody terms, seeking sole legal and physical custody, authority to unilaterally appoint a new parenting coordinator, and the appointment of a forensic evaluator and attorney for the children.
It is alleged that the mother filed these modification motions in close succession, just over a month apart, following a prior denial of similar relief. In support of her requests, the mother submitted various allegations, including that the children had suffered bug bites, minor injuries, and expressed dissatisfaction with extracurricular activities. She also raised concerns about the father’s parenting abilities and their inability to effectively co-parent. The court denied the mother’s motions, and she appealed. Continue reading