Arrangements for custody and parenting time of children may need to be revised over time as children age and circumstances change for the family. New Jersey law recognizes it may be appropriate to modify the original schedule or custody arrangements depending on the unique situation in each family. These types of changes, however, are not taken lightly by the court who also values stability for the children.
The focus of the court is on the children’s wellbeing rather than the parents’ convenience. Not just any development or change in the family situation will be viewed as a reason to modify custody or parenting time. Rather, the court looks at whether, and to what extent, this change impacts the child’s wellbeing.
Grounds for modifying custody in the Garden State
A parent seeking to modify custody or parenting time first has to meet a legal burden of demonstrating to the court that circumstances have changed significantly, and that the child’s health and overall wellbeing requires a modification in light of this change. The court will decide whether change is appropriate based on a family’s specific situation, and some matters are more apparent than others. For example, if one parent will be moving several hours away, it will likely be clear to a judge that the schedule needs to change to accommodate the newly created geographic distance. In situations where there is question about a child’s academic progress or emotional wellbeing, on the other hand, the court has to first assess whether the custody and parenting arrangement is related to these challenges. The court may even require the involvement of an expert to provide critical insight before making a decision.
How to make a change
Ideally, when parents believe custody and parenting should be modified, they will reach an agreement. With the assistance of counsel, specific terms can be established to address the changing circumstance. These terms can then be committed to a formal writing that will be submitted to the court for judge’s signature, making the agreement binding on both parents. This allows the parents to retain control over their custody situation and develop a detailed resolution that addresses the unique needs of their child and situation.
If parents cannot agree, the parent seeking change must file an application with the court. These types of applications must provide detailed facts, supporting evidence, and analysis of the legal principles the court is obligated to follow. After each parent has submitted the necessary paperwork to the court, a hearing will be scheduled where the judge will either make a final decision or establish the protocol for what is to happen next. This protocol may include involvement of an expert, exchange of information, attempt to mediate, and/or a full trial.
What to do next
Although custody and parenting are very personal issues, there are important legal considerations involved in changing these arrangements. If you believe your family is facing changes which you believe require a modification of custody or parenting time, you should consult with knowledgeable legal counsel who can advise you of your rights and the options available to you in pursuing such a change.
