Circumstances can drastically change after a divorce. As such, you an existing custody order may need to be changed. Please continue reading as we explore what warrants a custody modification after a divorce in New Jersey and how our seasoned Monmouth County Child Custody Attorneys can assist you.
Can You Modify a Custody Agreement After a Divorce in New Jersey?
Following a divorce, a court order dictates the approved custody arrangement. However, these orders are not set in stone. A custody agreement can be modified under certain circumstances, but it’s not a simple process.
While it’s possible to change a custody agreement after a divorce, the parent seeking the modification must demonstrate that there has been a substantial and significant change in circumstances that render the existing custody order no longer in the child’s best interests. The court prioritizes the child’s best interests above all else when deciding whether to modify a custody order.
A “change” in circumstances generally means a situation that was not foreseen when the initial custody order was created. Essentially, the circumstances must necessitate a review of the custody arrangement in place.This could include:
- Parent relocation (particularly out-of-state)
- Substance abuse
- Neglect
- Domestic violence
- A change in the child’s needs or development
- Significant employment changes
- Older child’s preference
- Parental incapacitation
- Parental remarriage or cohabitation
- A parent’s refusal to comply with the existing court order
How Do I Seek a Modification?
To seek a change, you will need to file a motion with the court. You must outline the change of circumstances and why the modification is in the child’s best interest. You will also be required to attend a hearing where you will present your case to the judge.
It’s important to note that New Jersey courts typically order parents to participate in medication before a hearing on the modification. This is usually the case unless there are exceptional circumstances like domestic violence that prevent it. This ensures that parents have the opportunity to address their concerns and work towards a mutually agreeable solution before resorting to a formal court hearing.
During mediation, a neutral third party will facilitate discussions, helping parents explore alternative options, clarify concerns, and work towards a resolution. If medication is unsuccessful, you will need to attend a modification hearing. The court will hear both sides of your case to determine whether a change is warranted.
How Can an Attorney Help Me?
It’s advisable to enlist the help of a qualified attorney who can guide you through the legal process, present necessary documents, and represent your interests. They can evaluate whether your circumstances warrant a modification and explain the necessary steps involving in filing for a modification. An attorney can advocate for your rights and your child’s best interests throughout the process.
At Paone Zaleski & Murphy, we are prepared to help you navigate this complex process and work towards a just outcome. Connect with our firm today to learn how we can fight for you.
