Can I Modify a Custody Arrangement After My Divorce?

Going through a divorce is undeniably a stressful process for those involved, including your children. However, once your divorce is finalized and the custody arrangement has been settled, you may look forward to things slowing down. Over time, however, circumstances can change, and you may need to revisit your custody schedule to modify the arrangement. If this reflects your situation, you’ll find that changing a court order can be a complicated process. As such, the following blog explores what you should know about these matters, including the importance of working with New Jersey family law attorneys to help represent you and your family during these difficult matters.

When Is It Possible to Modify a Custody Arrangement?

Generally, there are two ways in which you can modify a custody arrangement. The first requires both parents to agree to the proposed changes and appear before a judge to explain the terms and conditions. If the judge approves this matter, it will become part of their formal divorce decree. Generally, if both parents agree that the changes reflect the child’s best interest, the judge will grant the order.

However, if the parents cannot agree on the proposed changes, the parent who wants to modify the document must file a motion with the court. It’s imperative to understand that the courts will not accept changes unless the parent can show that a considerable change in circumstances has prompted the modification. Common causes that could result in a custody modification include, but are not limited to, the following:

• Relocations for one or both parents
• A considerable change in one parent’s employment schedule
• Allegations of abuse or neglect
• Allegations of substance abuse
• One party remarries, and that impacts the child
• One parent is uncooperative with the custody arrangement
• The child’s needs have changed as they age

How Do I Go About This Process in New Jersey?

If you believe you have grounds to modify the court-ordered custody agreement in place, understanding how to navigate this process is critical. Generally, one of the first things you must do is submit an Application for Modification of Court order with your local county clerk. By filing this form, you are officially the plaintiff in this legal matter, and your spouse will be served a copy of the petition and a notice to appear as the defendant.

To modify the agreement, the judge assigned to your case must determine if this matter is in the best interest of the child. As such, they will consider several factors, including the child’s age, needs, relationship with parents, and the impact the change would have on the child.

When you need to change a custody order, it can be incredibly difficult to navigate. That’s why it is imperative to connect with an experienced family law attorney as soon as possible. Having an experienced attorney on your side is critical during these difficult times, as they can help you navigate filing the necessary paperwork, but they can also fight on your behalf.

It’s no secret that custody can be a complicated and contentious matter. That’s why working with an experienced attorney with Haber Silver Russoniello & Dunn is in your best interest during these difficult matters.