Due to life circumstances changing, you may need to make alterations to a custody order after a divorce or separation. Many parents wonder whether they can modify their custody agreement without having to go to court. For more information, read on and consult with a knowledgeable Morris County child custody modification lawyer today.
Why Are Modifications Necessary?
When a court issues a custody agreement during a separation or divorce, it reflects an arrangement that is in the child’s best interests and that makes sense for the family at that time. However, life is ever-changing, and significant changes in circumstances may warrant an alteration of the custody agreement.
Below are some major changes that may require modification.
- One parent relocating far away
- One parent developing a physical or mental illness that prevents them from adequately caring for the child
- One parent developing a substance abuse problem that prevents them from adequately caring for the child
- One parent showing signs of abuse or neglect toward the child
How Can I Modify a Custody Agreement Without Going to Court in NJ?
There are a few ways that you can make a modification to your custody agreement without the hassle of going to court. The first and often simplest way is through a conversation between you and your child’s other parent.
If you and the other parent agree that changes need to be made for whatever reason, you can have a discussion and work out the details amongst yourselves. This is especially true when parents have an amicable co-parenting relationship or agree that the circumstances warrant a change in custody.
Parents often have volatile relationships, however, or may not agree on what is best for their child. If you and your child’s other parent cannot come to an agreement on your own, you can implement ADR (alternative dispute resolution) tactics like mediation, for example.
Mediation is the process of meeting with a neutral third party, the mediator, who will guide the conversation, facilitate negotiations, and ensure both voices are heard. Mediation is often beneficial in coming to an agreement without having to rely on a judge’s decision. It allows the parents to maintain control of the outcome of custody.
If you and your spouse come to an agreement on your own or through mediation, you can draft and sign a new custody order before submitting it to the court. The court will review the new agreement to ensure it is in the child’s best interest before approving.
When Do I Have to Go to Court?
While you and your child’s other parent are welcome to draft a new custody agreement on your own, there may be times when it is simply impossible to settle on one schedule. If private negotiations and mediation fail, you may need to go to court to settle the dispute.
Both you and your child’s other parent can present arguments and evidence, which will be reviewed thoroughly by the court before a decision is made. To learn more about your legal rights and options regarding custody, reach out to an experienced attorney today.
