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.
Grounds for Modifying Parenting Agreement
On appeal, the court affirmed the trial court’s decision denying the mother’s motions, finding that she failed to demonstrate a substantial change in circumstances that would justify disturbing the existing custody arrangement. New York law requires a parent seeking modification of a custody order or stipulation to first establish such a change before the court will engage in a renewed best interests analysis. The court emphasized that the incidents cited by the mother, though possibly frustrating, did not rise to the legal threshold required for modification.
The court further noted that the mother’s request for a forensic evaluator was premature and unjustified without a preliminary finding of changed circumstances. The court also rejected the mother’s argument for reappointing an attorney for the children, observing that her motions were part of a persistent and aggressive litigation strategy that lacked new evidence or a meaningful change in the children’s circumstances.
Importantly, the court also addressed the issue of parenting coordination. While the court declined to permit the mother to unilaterally appoint a new coordinator or expand the coordinator’s authority beyond what the stipulation prescribed, it modified the lower court’s order to require that any newly retained parenting coordinator operate under the same terms previously negotiated. This modification aimed to ensure consistency and avoid future disputes over procedural terms.
Talk to an Experienced New York Custody Attorney
Custody modification actions require careful legal strategy, persuasive evidence, and a clear understanding of New York’s legal standards. If you are facing a contentious co-parenting issue, a dispute over a parenting coordinator, or seeking to modify an existing custody order, you should talk to an attorney. Attorney Ksenia Rudyuk of Rudyuk Law Firm is an experienced New York custody attorney skilled at handling high-conflict custody litigation, and she can help protect your parental rights and advocate for your child’s best interests. Call (212) 706-2001 or fill out our online form to schedule a consultation.