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Attorney & Mediator
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Category: Family Law
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Experience:  Attorney & Certified Mediator
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if soul permanet custody is given to another parent what ...

Resolved Question:

if soul permanet custody is given to another parent what are the possibilities that the 1st party acn obtain custody again
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for your question.

Unless the other parent agrees to transfer sole custody over to you, the only way you can obtain a change in the custody orders would be by petitioning the court for a modification. In New York you must have evidence of a change in circumstances which is affecting the child's best interests before the judge will allow a modification hearing. A change in circumstances would be anything which is affecting the child's best interest; such as the parent is unfit to meet the child's daily needs, the child is being exposed to abuse, neglect or a substantial risk of harm.

So unless you can get the other parent to agree to a change in custody, you will need to have good cause to petition the court for a modification or else the court will not grant a transfer of custody.

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