If you require a modification of your existing custody order in New Jersey, you may be wondering whether you can do so without going back to court. Life evolves, and the arrangement that may have worked for your family when your initial custody agreement was in place may no longer be practical or in your child’s best interests today. Please continue reading to learn how to modify a custody order in New Jersey and how our Monmouth County Child Custody Attorneys can help protect your interests.
Can You Modify a Custody Order Without Going Back to Court in NJ?
Generally, parents are free to change their current custody or parenting time arrangement as long as they bear in mind that these changes are subject to significant limitations. Co-parents can reach a mutual inform agrement regarding changes to the schedule; it’s crucial to understand that only an official court order can be enforced. Therefore, without the court’s stamp of approval, the provisions outlined in the original, legally-binding order remain the controlling document.
Minor adjustments to the parenting plan are usually handled by the parents directly, without the need for court intervention. Examples of common, on-court-approved modifications include:
- Modifying the exact pickup and drop-off times for the kids
- Exchanging or swapping designated weekends or holidays between parents
- Instituting brief, temporary changes to the regular parenting schedule
- Arranging necessary adjustments for conflicts due to professional obligations or school-related activities
When Do You Need Court Approval?
Significant amendments to an existing custody arrangement in New Jersey typically require court intervention. Any major changes, like one party relocating, implementing significant changes to the established parenting schedule, or modifying the legal custody and decision-making authority, normally require a court order.
If the new, informal agreement is violated by your former spouse, you won’t have any legal recourse to compel them to comply. Additionally, abandoning the original court-ordered plan in favor of an unofficial one could put you at risk of being found in contempt of the initial court order, which can lead to serious penalties and sanctions.
Informal changes to the time-sharing schedule could also lead to inaccurate or unfair child support payments. Since New Jersey courts rely on the existing custody order, a change may result in an improper support amount. Informal agreements typically lead to disputes and conflict down the road.
As you can see, informal agreements about custody changes are possible. However, they aren’t legally binding. To ensure your arrangement is enforceable, you should consult an attorney. For more information and skilled representation, please don’t hesitate to contact an attorney at Paone Zaleski & Murphy.
