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It is not necessary to go to trial or have a contested hearing to make a simple change to the parenting plan if both parents agree. Parents may agree to an informal simple or minor change. Such simple or minor changes may include a change in days, times or exchange location.
This decision to modify custody terms can be made without the court's approval. However, if one parent reneges on the modification agreement, then the other cannot enforce it unless backed by the formal decision of the court.
A child support order can be reviewed for a change in support: After three years at the request of either parent. Or if there has been a substantial change in circumstance that has been maintained for at least six months.
First, to support a request to change child custody, the parent must show that circumstances have changed since the original order. Second, the parent must prove that under the new circumstances the original order no longer reflects the best interests of the child.
To begin the process of changing your custody order, you will need to fill out the forms for a ?Petition for Modification of an Order of Custody/Visitation.? You can get the forms in the courthouse or you can file a custody or visitation modification petition online through the NY Courts website.