Child Custody and Custody Modifications Attorney in Rochester, NY

Child Custody and Custody Modifications Overview

Child Custody and Child Custody Modifications in Rochester, New York

The Trotto family has been involved in the Rochester legal community for nearly four decades. Today, Jonathan C. Trotto, Esq., continues to provide representation to a diverse clientele. Mr. Trotto offers the skills and care needed in child custody and child custody modifications cases, backed by a family legacy of care and commitment.

During a divorce, one of the most crucial and complex aspects of the proceedings involves the determination of child custody. Many factors go into this determination, including income of the respective spouse, wishes of the parents and children, and the best interests of the children.

The court determines the best interests of the child by exploring factors like:

• Each parent's ability to provide for the children’s emotional and intellectual needs
• The psychological states of the parents
• The home environment
• The stability of the home environment
• The willingness of each parent to foster and facilitate a continuing parent-child relationship between the children and each spouse
• The children's ages and preferences
• Any history of domestic violence, abuse or neglect
• The testimony and recommendations of expert witnesses and guardians ad litem

Modification of Child Custody and Visitation

It is important to remember that the determinations of the case can be changed. The court understands that situations and children’s needs can change, but the court will not modify custody orders without good cause, which usually means a substantial change in circumstance:

• Substantial change in circumstance: Job loss or other financial downfall can substantially change the ability of one party to financially support the child or maintain custody.
• Safety concerns: If one of the spouses has developed a serious drinking or drug problem, or has entered into a new relationship that causes a safety risk to the child, the court will likely grant a petition for child custody modification.
• Alienation of the child: One parent turning the child against the other parent is called “alienation,” a form of visitation interference that is considered in violation of the child’s best interest to have a good relationship with both parents. One parent alienating the child from the other parent can be grounds for modification of custody.
• Relocation: A custodial parent needs permission from the court to relocate the child. Since relocating any significant distance will alter the parenting plan, the child custody and visitation orders will need to be modified as a result of the relocation.

Contact Us for a Free Initial Consultation

Either fill out the contact form or call 866-868-2159 for a free consultation regarding your child custody or modification needs.

Other Frequent Case Types

• Probate Administration and Will Contests in Rochester, NY

Areas of Practice

• Divorce
• Custody & Visitation
• Child Custody and Custody Modifications