Why Would a Judge Modify a Custody Order After a Divorce in New Jersey?

When a couple decides to get divorced there is a variety of issues that must be addressed before the marriage can be officially dissolved. If the spouses share minor children then custody arrangements must be made and entered into the divorce decree. While these arrangements are legally binding, depending on the family’s circumstances and changes over time, a judge could modify the custody order after the divorce is finalized. Continue reading and consult with a knowledgeable Morristown child custody attorney for skilled legal advice and representation in your case.

How Can You Modify Custody in New Jersey?

Although custody orders issued during divorce proceedings are official and legally binding, they are not technically permanent. NJ courts have the authority to issue changes to custody arrangements when they see fit. As a parent, there are generally two ways to go about a modification.

Consent order: If you and your child’s other parent agree that the current custody order is no longer viable, you can hammer out the details of a new arrangement on your own. If you can come to an agreement you can present it to the court for review and approval. As long as the new order is in the best interest of the child, the court will likely approve it.
Modification motion: If you and your child’s other parent do not agree, however, you can still request a modification through a petition with the court. You will have to file the required paperwork and attend a hearing where you present evidence of why custody needs to be changed and how it will benefit your child.

Why Would a Judge Modify a Custody Order After a Divorce in NJ?

It is important to note that a judge will not modify a custody order on a whim or without valid reason. There must be evidence of substantial changes in circumstances that warrant an adjustment of the terms, and it must be proven that these modifications will be in the best interest of the child.

Examples of reasons why a judge would modify a custody order include but are not limited to the following.

One parent is consistently violating the current custody order
There is evidence that one parent has neglected, emotionally abused, physically abused, abandoned, or otherwise put the child in danger
One parent has developed a serious illness or addiction that interferes with their ability to care for the child and prioritize the child’s safety
One parent is planning on relocating outside of the area which will render the current agreement unreasonable
The child’s needs have changed significantly and one parent could offer more support and care in certain areas of life
Any other major changes in circumstances that could affect the child like a parent moving in with a new romantic partner, a parent getting a new job with odd or unpredictable hours, etc.

The priority of the court is to protect the child’s physical, mental, and emotional safety and well-being. If any of the above or other circumstances require a change in custody to continue to keep the child safe, a judge will grant the modification.