Am I Allowed to Modify My Child Custody Agreement in New Jersey?

There is nothing more important to a parent than their child. That is why child custody is oftentimes the most hotly-contested divorce-related issue. However, after a divorce is settled, lives change, including that of your child. If your situation has changed significantly, there is a very good chance that you may now be seeking a modification to your initial child custody agreement to better reflect the current circumstances. Please continue reading and reach out to our knowledgeable Morristown child custody attorneys to learn more about child custody modifications and how we can help you get one. Here are some of the questions you may have:

When Will New Jersey Modify a Custody Arrangement?

Generally, in order to modify a custody agreement in Morris County, there must be evidence that there are substantial, ongoing changes that impact one or both parties’ ability to adhere to the current order, or concerns about the best interests of the child.

Common reasons judges modify orders

• Exposure to substance abuse
• Exposure to domestic violence
• Chronic violations of the current order
• Relocation that impacts the ability to cooperate with the schedule
• New work hours
• Neglect or abuse
• A parent suffers a serious illness
• Substantial changes in the child’s needs

Two Ways to Modify a Custody Order

If you are interested in altering the current custody plan due to a change in circumstances or concerns regarding the best interests of your child, there are two avenues you can pursue in New Jersey.

Consent order

If both parents agree to change the terms and conditions of the custody order, meaning they have negotiated and agreed to new conditions, they can draft a consent order to send to the court. The court will review to ensure it adheres to the best interest of the child before signing to enforce the new order. If you cannot fully agree, mediation can be beneficial in helping narrow disputes.

Petition the court

In the event that the parents cannot agree on why or how to modify a custody arrangement, the parent seeking the change can file a modification motion. This entails filing a petition to request a hearing with the court. The court will then examine the circumstances and issue a decision regarding the requested changes, like mediation, temporary terms, or scheduling a hearing.

Can the Court Make Temporary Changes While a Motion is Pending?

While your motion is pending, the court can enter “pendent lite” or temporary orders to ensure the safety of your child and create a stable routine while the final order is being decided. Because these are temporary orders, they are without prejudice, meaning they can be revisited once a full hearing has occurred.

Safety

• Restrictions on drug and alcohol consumption
• Conduct random drug testing
• Require exchanges at a police station or other public location
• Restrict contact between parents to a monitored app
• Supervised visitation

Schedule changes

The court may create a short-term calendar that better suits a parent’s new work hours while granting makeup parenting time when necessary.

Interim services

• Mediation
• Parenting classes
• Counseling

If you believe you or your child is in immediate danger, you can seek emergent relief for faster protection. This can be granted when a delay could cause irreparable harm to the child, and is often ordered when there are credible threats of violence or a reason to believe a parent will relocate out of state with a child, for example.

What Evidence Can Help My Case?

When petitioning to change a current custody order, you’ll need to provide evidence that changes have occurred or that the current plan is no longer in the best interest of the child. This includes:

• Documented violations (proof of late drop-offs, missed exchanges)
• Medical records or notes
• Police reports
• Temporary or Final Restraining Order documents
• Proof of relocation or work schedule changes

Contact Our Experienced New Jersey Firm

If you need to modify the current terms and conditions of your custody arrangement and need an attorney who can effectively represent you through every step, you can count on Lazor Rantas, PC. We proudly serve clients throughout Morristown and the surrounding areas as they navigate divorce and family law matters. To discuss your case with an experienced legal team, contact Lazor Rantas, PC today.