What is the standard of proof required for a court to modify a custody order in New York?

The correct answer is based on the principle that to modify an existing custody order in New York, the party seeking the modification must demonstrate a substantial change in circumstances since the last custody determination. This standard serves to provide stability and continuity in the child's life, as courts recognize that custody arrangements should not be altered lightly.

When a parent or guardian believes that a modification is warranted, they must present compelling evidence to establish that a significant change has occurred that affects the child's wellbeing or best interests. This could include changes in the living situation, the parent's ability to care for the child, or other relevant factors that were not previously considered at the time of the initial custody decision.

By requiring a substantial change in circumstances, the legal system balances the need for stability for the child with the need to allow for adjustments when necessary. Thus, this standard focuses on the overarching goal of ensuring the best interests of the child remain the priority in custody matters. Other standards of proof mentioned, such as preponderance of evidence or clear and convincing evidence, relate to different aspects of legal proceedings but do not specifically address the threshold needed for modifying custody in this context.