Theoretically, you can attempt to modify a custody agreement right away, but it’s unlikely that you’ll succeed unless your petition makes a clear case for a change in circumstance that requires intervention by a Family Court judge.
Reasons You Might Not Be Able To Modify A Custody Agreement Immediately
For instance, let’s say you get your final divorce papers on the 5th, and on the 10th, you receive a lucrative job offer out of state.
Your custody agreement says you can’t take your children out of New York during visitation, so it makes sense that you’d need to modify the order to allow you to stay close to your kids.
On the other hand, if you receive your divorce papers on the 5th, read them over and decide you made a bad deal with the custody agreement, you probably shouldn’t try to take your complaint to a judge.
It’s unlikely they’ll be willing to hear you out, much less modify a brand new order that hasn’t had time to work or fail.
Sometimes orders are transcribed wrong, which may be grounds for modification.
Contact An Experienced Custody Agreement Attorney In Queens
If you believe your custody agreement needs to be changed by a judge, call the attorneys at Zelenitz, Shapiro & D’Agostino at 718-523-1111 to speak to an experienced Queens child custody modification attorney for free.