In a New Jersey divorce where the couple shares minor children, custody arrangements are made to prioritize the best interests of the children. However, these arrangements are not necessarily set in stone. Circumstances change over time and it is possible that a custody order can be adjusted to match a family’s new reality. Continue reading to discover when custody can be modified after a divorce and work with an experienced Morris County child custody modification lawyer for skilled legal advice and representation in your case.
When Can Custody Be Modified After a Divorce in NJ?
Courts are generally hesitant to modify custody unless it is necessary for the well-being of the child. Custody arrangements can only be altered if there has been a significant change in circumstances that warrants a modification.
Some common and valid reasons that a parent may request a custody modification include the following.
- One parent is moving to a new location which makes the current agreement unrealistic
- The child’s needs have significantly changed and their needs are not being met by the current custody agreement
- One parent is no longer fit to care for the child based on mental illness, substance abuse, domestic violence, neglect, criminal behavior, etc.
- One parent has refused to comply with the existing custody agreement and has infringed on the other parent’s rights
- One parent has had a significant change in circumstances that impacts either the child or the parent’s ability to care for the child like losing a job, getting a new job with an unpredictable schedule, developing a serious illness, moving in with a new partner, etc.
Any major change that will likely impact the child’s well-being or result in the current plan being unreasonable can warrant a modification.
How Can Custody Be Modified?
In New Jersey, you can modify a child custody order in two ways: through a consent order or by filing a motion with the court if the parents cannot agree.
- Consent order: Parents are encouraged to discuss custody issues outside of the court. If both parents agree that custody needs to be modified and can settle on new terms, they can draft and present their agreement to the court. If the judge approves the change, a consent order can be entered.
- Motion: To start the process of modifying custody, you must file a motion with the court outlining the significant changes in circumstances that warrant a modification. It is important to provide evidence supporting your claim and request like testimony, expert opinions, financial statements, and more documentation. The court will schedule a hearing where both parents can present their case before a judge decides whether or not to implement the changes.
As a parent it is important that you understand your rights and legal options in terms of custody. Reach out to a skilled family law attorney for more information and representation today.
