Life changes, and with them comes the need to make modifications to a child custody order. Before you can just move or change how often you see your child, though, you must get approval from the court. As a court order or a legal directive, not doing so puts you at risk of violating the law.
There are numerous aspects of child custody modification in New Jersey that you need to know about before making any changes.
Why Custody Modifications Happen?
It is not uncommon to modify a custody agreement in NJ. Doing so can be necessary for various reasons. When life circumstances change, such as when your job requires you to relocate or you need to work different hours, making changes to custody orders is critical. There are some situations where parents need to move closer to another family for childcare, or may have an opportunity to take on a new role that is important to them.
Many of these situations may qualify as reasons to modify child custody orders. However, there is one overarching component to this process: the decision to modify child custody orders has to be in the best interests of the child.
The New Jersey courts will only agree to modifications when you can demonstrate the benefit to the child. For example, if you need to relocate, and that provides for the need for different arrangements for shared custody, that may be acceptable. However, the court may not approve of situations where the child is being taken too far from a child with whom they have a strong relationship right now. Because of these complications, it is always beneficial to work with an attorney as you navigate this process.
When Can You Request a Custody Modification in New Jersey?
Considering the factors that are in the best interests of the child in NJ, you can request modifications to child custody arrangements in situations that result in a substantial change in circumstances. Some examples of this include:
- Job changes
- Relocation
- Remarriage
In addition, the court will also consider modifications related to the child’s safety, health, and welfare. This might include, for example:
- Concerns about neglect.
- Evidence of abuse of the child.
- Emotional trauma or mental health complications.
- A parent being involved in criminal activity.
In addition to this, there are some situations where a child may come forward and request these modifications. For example, as a child gets older and has more ability to make their own decisions, the court may hear modification requests from the child. This does not mean the court always abides by what the child wants or requests – remember, this is always based on the child’s best interests. Factors such as the child’s age and maturity play a role in this decision.
Legal Standard for Child Custody Changes in NJ
Child custody modifications must pass the substantial change in circumstances test. This can be a very confusing standard. However, substantial and material changes must be significant enough to warrant a change in a court decision. In other words, it cannot be done for a trivial reason but rather something that is life-altering.
There is no one-size-fits-all rule here. What is life-altering to one party may not be the same to others. Typically, this is done as a result of a need that extends beyond factors such as convenience.
The court will consider all factors related to this decision based on the child’s best interests. It favors situations where the child’s needs are put first. Most often, this means having equal access to both parents, their friends, and other family members. Yet, if the change would be beneficial to the child’s education, health, or well-being, the court will still consider the move.
Common Reasons for Custody Modifications
Family courts in New Jersey will hear child custody modification requests for many reasons. Some of the most common reasons to modify a custody agreement in NJ may include:
- Parental relocation.
- Change in work schedule.
- Parental unfitness or substance abuse.
- Children’s needs change as they age.
How to File for a Child Custody Modification?
To approach a New Jersey custody change, you should speak to your lawyer whenever possible. This minimizes the risk that you make a mistake that could alter your ability to see the results you desire. The basic process includes:
- Filing a motion with the Family Court that outlines the change and why the change is necessary.
- Provide documentation that demonstrates what those reasons are and what the outcome of such changes will be, such as where the child will live or how the child will still see the other parent.
If the other parent does not agree, consider mediation. This method allows the parents to work together through a mediator to reach a mutual agreement. If not, a court hearing must take place.
What the Court Considers?
The family court in New Jersey will look at all factors to determine if this move is in the best interests of the child. Some of those factors will include:
- Each parent’s ability to care for the child.
- Child’s relationship with each parent.
- Stability, education, and emotional environment.
- Child’s preferences (if age-appropriate).
Why You Need an Experienced Family Law Attorney?
Working with an attorney to help you with a child custody modification in New Jersey can prove critical. Our legal team will help you understand the complex legal standards that fall under, both meeting the requirements of a substantial change and ensuring the child’s best interests are at the heart of such decisions.
Additionally, our legal team advocates for you in court or mediation and provides strategic guidance. We help you show that the child’s best interests are front and center.
Protecting Your Child’s Future
Let our legal team at Zeigler Law Group, LLC, help you navigate the process to modify a custody agreement in NJ. We can help evaluate your case and protect your parental rights.
Working with a Skilled Toms River Family Law Lawyer at Zeigler Law Group, LLC Is Essential
Sonya K. Zeigler, Esq. and her team have a well-earned reputation for committed and fierce legal representation. Our firm is here to provide you with the best possible guidance. Call Zeigler Law Group, LLC at 732-361-4827 or contact us online to schedule a free consultation. Located in Toms River, Red Bank, Princeton, and Mount Laurel, New Jersey, we serve clients throughout Ocean County, Monmouth County, Mercer County, and Burlington County.