Modification of Custody/Visitation Order

A parent seeking to modify a prior order of custody/visitation must demonstrate a change of circumstances since entry of the order. Once a change of circumstances has been established, the client then must demonstrate that modification of the underlying order is necessary to ensure the child’s continued best interests.

In the recent case of “William V.”. “Bridgett W”. , the father demonstrated that the mother’s unilateral move out of state with the children, was a substantial change of circumstances. However, the court also found that the father’s failure to see the children or to make an application for modification or enforcement to the court for over two years, did not demonstrate that it would be in the children’s best interest to change custody.

If you find yourself in need of legal help in matters concerning custody, visitation, relocation, modification, support or divorce, please call The Law Office of Jeffrey L. Emdin at (212) 265-1350 or email at

Jeffrey L. Emdin

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