When parents go through a divorce, they are required to settle many matters regarding their children before moving forward. An important matter during this time, arguably the most important, is child custody. Once a child custody agreement is made, both parents are required to abide by it, as it is the law. However, the court also understands that family circumstances can change over time, and a custody arrangement may no longer work for them. When this happens, a modification can be requested to change the arrangement. It is critical to understand that you cannot change an agreement on your own, and any modifications to your custody arrangement must be made through the court. Continue reading below to learn more about how this can be done.
When Can a New Jersey Custody Agreement Be Modified?
First and foremost, if a parent wants to change a custody agreement, a significant change in circumstances must have occurred to warrant a modification. The New Jersey courts cannot and will not change a custody agreement based solely on a parent’s preference. Additionally, the change must still reflect the child’s best interests.
New Jersey courts consider a substantial change in circumstances to be any significant, ongoing change that directly impacts the well-being of the child. As such, a simple disagreement between parents is not enough to warrant a change. The Somerset County Court, Family Division, will not consider a modification unless there is credible evidence that shows the current arrangement is no longer in the best interest of the child.
Commonly Approved Reasons the Court Will Modify Custody
- There has been a substantial change in circumstances that impacts the child’s well-being and is not a trivial inconvenience
- A parent moves a significant distance, which ultimately impacts parenting time
- There is evidence of neglect or abuse by one parent
- Changes in employment, health, or fitness that impact a parent’s ability to provide for the child
- The child’s educational or emotional needs have changed as they’ve grown older
- A parent repeatedly violates the custody arrangement
How Does New Jersey Determine Custody?
In order to understand why seeking a modification can be a complex process, it’s imperative to understand what goes into establishing custody in the first place. In general, the Somerset County Superior Court, Family Division, like all courts across the state, must prioritize the best interests of the child above all else when making custody decisions. This means that a number of factors will be taken into consideration to determine the best possible arrangement for the child.
Key Custody Factors
- Parental cooperation and communication
- Quality of a parent-child relationship
- The stability and safety of each parent’s home
- The child’s educational, emotional, and physical needs
- Where each parent lives in relation to the other and the child’s community
- The preference of the child, if they are old enough
How Is Custody Modified in New Jersey?
To receive a modification, parents should first speak with one another regarding the matter. In many cases, parents are able to work out a new agreement with one another or with the assistance of guided mediation. While this is true, it is important to note that they must still have the changes approved by the court.
In the event that parents cannot agree with one another regarding custody, a petition for modification can be filed to begin the process with the court. During this time, the parent must prove to the judge that a modification is in the best interest of the child. The judge can evaluate the case to determine if it is necessary and create a new order if they approve the motion.
While individual cases are heard by the county court where the child resides, the legal standards that the court will abide by are governed by New Jersey family law statutes. As such, courts across the state adhere to the same legal standards during custody cases.
Mediation and Agreement (Consent Order)
- If both parents can reach an agreement on the terms, they may draft a consent order
- The judge will typically approve this order so long as it still reflects the best interests of the child
- This provides a quicker, more controlled outcome
Motion for Modification
In the event that the parents cannot agree:
- A formal motion must be filed with the family court that issued the initial custody order
- Evidence of a substantial change in circumstances must be provided
- A hearing will occur where each parent may present evidence and testimony
- The judge will issue a decision based on the best interests of the child
Examples of Evidence Considered by the Courts
- School records that show academic decline or attendance issues
- Medical or psychological reports
- Police reports or restraining orders
- Written communications
- Employment records
- Testimony from those who know the child
What Happens if the Other Parent Violates the Custody Order?
In the event that a parent in Somerset County repeatedly and consistently violates the custody order, understanding the steps to take is critical. In general, it’s important to understand that enforcement steps may be taken before a modification could occur.
Common means of enforcing a custody order include being held in contempt of court and facing fines and other sanctions imposed by the family court. As mentioned, if these violations persist, this may be grounds to seek modification of the arrangement.
Contact an Experienced Child Custody Attorney Today
At the Siragusa Law Firm, we understand that your child’s needs change as they grow older, ultimately requiring a modification to the current custody arrangement imposed by the courts. Because this process can be incredibly complex to navigate, it’s in your best interest to connect with an experienced attorney from our team to help guide you through these difficult times. When you need help, our team is here. Contact us today to learn more.