When parents go through a divorce, there are many decisions to be made for their children’s future. One of these includes a child custody agreement. Once a child custody agreement is determined, it must be followed by both parents. If either party fails to do so, the court can enforce the agreement. However, the court also understands that life changes over time, and a family’s custody agreement may no longer suit their needs as life goes on. It is because of this that a modification can be requested to find an arrangement that works better for them. As such, if you are looking to modify child custody in New Jersey, the following blog explores what you should know about these matters and the importance of working with Union County child custody lawyers to explore your legal options.
Understanding Custody Modification in New Jersey
In New Jersey, the court will often seek to award joint custody to the parents of a child. This is because the court believes that it is best for the child to maintain a relationship with both parents. As such, the court will implement a custody arrangement.
However, you’ll find that New Jersey courts understand that the circumstances of parents and children alike can evolve over time, and thus, the current custody arrangement in place may be modified when necessary to reflect these changes.
When Can a Custody Arrangement Be Modified?
Parents who want to modify their custody agreement must petition the court for approval. It is important to know that they simply cannot do so on their own. When asking the court for a modification of a custody arrangement, parents must prove there is a reason that calls for it. Generally, the court will only consider a modification if a parent can prove that a substantial or significant change in circumstances has occurred to warrant the modification.
What Constitutes a “Significant Change in Circumstances”
This can include:
- The safety and well-being of the child are at risk
- The child is consistently unhappy
- Criminal charges affecting a parent’s stability
- Changes in the parents’ employment or finances occur
- Relocation
- A parent cannot meet the needs of their child
- One parent cannot adhere to the custody order
- One parent passes away or becomes incapacitated
How New Jersey Evaluates Custody Modification Requests
As mentioned, the courts may only modify a custody arrangement if the petitioner can show that the changes are necessary and reflect the best interests of the child.
Child’s Best Interests Standard
New Jersey courts, like all states, adhere to the “Child’s Best Interests Standard” when making decisions about child custody. This standard seeks to prioritize the health, well-being, happiness, and safety of the child above all other factors, including the wishes of the parent.
What Evidence Can Help?
If you are looking to alter the current custody arrangement established by the court, it’s important to understand that you will need evidence to help support your claim that a modification is necessary. Evidence that may help your case includes:
- Medical reports
- Police or DCF reports (if applicable)
- Documentation of missed parenting time
- Proof of major life changes (relocation, employment changes, health changes)
- Emails or texts showing non-compliance with the current schedule
How to Request a Custody Modification in Union County
If you wish to modify the current custody arrangement, understanding the steps in the process is critical to make this matter as effective as possible.
Step 1: Speak With the Other Parent
When a parent wants to modify their custody agreement, the first step should be to discuss the matter with the child’s other parent, if it is safe and possible to do so. Parents who can work together may benefit from independent or mediated negotiations in order to make beneficial changes.
Step 2: File a Motion to Modify Custody
Regardless of whether you and your ex can agree on the proposed changes, you will still need to file a motion. All modifications, even those that are mutually agreed upon, must be approved by a court. As such, you’ll need to complete the Application for Modification of a Court Order form and file this with the county clerk.
Step 3: Attend Court Hearings
Once the petition has been filed, a court date will be scheduled. You and your child’s other parents will attend and each present evidence as to why the modification is necessary. If the court agrees that a change is required, they can draft and issue a new custody arrangement that reflects the current needs and best interests of the child.
Contact Our Union County Family Lawyers
If you are looking to alter the current terms and conditions of your custody arrangement, working with Ross & Calandrillo is in your best interest. We are a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo to schedule a consultation.
