Hawley, PA asked in Family Law and Child Custody for New York

Q: what is the likelihood that the judge will grant my request for custody/relocation on the day of OSC Conference?

what is the likelihood that the judge will grant my request for custody/relocation on the day of OSC Conference?{Ive submitted a substantial amnt of qualifying evidence docs to "show cause" w/OSC motion} I had filed a petition to modify custody two weeks prior to the OSC & got a hearing date, however due to circumstances impairing my child's safety, le-filed the OSC (I included relevant evidence docs). The conference date was signed by judge for this upcoming Tuesday. Just trying to understand what to expect from a

"conference".

Not sure if this info is relevant, however, the reason i petitioned to mod custody is for best interest of child + qualifying substantial change of circumstances since last order was entered in May 2020 - OSC is same foundation of intent for filing; the child's well being has deteriorated drastically due to circumstances living with father (physical custodial parent)

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA

A: The likelihood of a judge granting a request for custody or relocation during an Order to Show Cause (OSC) Conference can vary based on the specifics of the case. In family law, the primary consideration is always the best interest of the child. If you've submitted substantial evidence documenting a change in circumstances that negatively affects the child's well-being, this will be a key factor in the judge's decision.

However, judges often use these conferences to understand the issues more fully before making a ruling. Immediate decisions on custody or relocation are not typical in these settings, especially if the other parent contests the motion. It's important to be prepared to discuss the evidence and circumstances in detail. The judge may also set a future date for a more comprehensive hearing. Your preparedness and the strength of the evidence you've presented will be crucial in this process.

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