When a married couple decides to get divorced, there are several important topics to discuss and decisions to be made. One of the most important subjects in a divorce where the couple has minor children is custody. Custody orders are legally binding and enforceable, but in New Jersey, they are not technically permanent. Custody orders can be changed after a divorce but there are specific legal standards that must be met and procedures that must be followed for the arrangement to be modified. For more information and to obtain skilled representation, reach out to a Union County child custody attorney.
How is Custody Determined in New Jersey?
In New Jersey, custody decisions are made based on the best interests of the child. A custody order or arrangement outlines the rights and responsibilities of each parent regarding the care and upbringing of their children. Only the presiding judge has the authority to make final decisions regarding custody and they will do so after considering a variety of factors including the following and more.
- The relationship between the child and each parent
- Each parent’s physical and mental health
- Each parent’s home environment
- Each parent’s ability and willingness to care for the child
- The child’s preference
Can Custody Orders Be Changed After a Divorce?
Yes, it is possible for custody orders to be changed after a divorce depending on the circumstances. In New Jersey, there are two ways that a child custody order can be modified: through a consent order or a motion with the court.
If both parents agree to change the custody arrangement, they can create a consent order and present the agreement to the court requesting that the order be updated. The judge can review and approve the change as long as it continues to be in the best interest of the child.
If the parents do not agree, however, and one parent wants a change but the other does not, one parent can file a motion with the court to modify the custody agreement. Custody orders are not set in stone and NJ courts understand the circumstances can change over time, requiring new arrangements. However, the judge will only agree to a modification if the new circumstances warrant it.
What is Considered a Substantial Change in Circumstances?
In order for a judge to approve a petition for a modification of the child custody order, you must be able to prove that there has been a substantial change in circumstances that requires a new custody arrangement.
Examples of substantial changes include the following.
- One of the parents is moving a significant distance away
- One of the parents has engaged in or allowed abusive or negligent behavior
- One parent refuses to comply with the existing order
- One parent started a new job with a drastically different schedule that interferes with the custody order
- The child’s physical or emotional needs have changed significantly
If any of the above applies and requires a new custody order, the judge may approve it and the agreement can be updated to reflect the change in circumstances.
