In New Jersey, child custody determinations are made based on what is in the best interest of the child involved. Judges will consider what living arrangements will promote the child’s healthy growth and development, and keep them safe both physically and emotionally. Child custody orders born from divorce proceedings can be changed if circumstances warrant a review of the terms. To learn more, retain the services of a skilled Sussex County, Sparta child custody attorney today.
Can Child Custody Be Changed After a Divorce in NJ?
When a couple with children under the age of 18 gets divorced in New Jersey, one of the many topics that must be addressed is child custody. Although the custody order the judge signs and approves is legally binding and enforceable, it is not set in stone. Child custody orders can be changed even after the divorce is finalized through two ways:
- Consent order: A consent order can be filed when both parents agree that the custody order needs to be changed and they have settled on a new arrangement. The couple can draft an agreement to be reviewed by the judge. If approved, the consent order will officially change the custody agreement.
- Petition for modification: If the parents are not in agreement, however, one party could file a petition with the court to modify the existing custody arrangement. The judge will then review the proposed changes and either approve or deny the petition.
When Will a Modification Be Approved?
Although NJ judges have the authority to modify a custody order, they will not do so without just cause. If you are filing a petition for a modification with the court, you are tasked with providing evidence that there has been a change in circumstances substantial enough to warrant an alteration of the previously agreed-upon arrangement.
Examples of reasons a modification may be approved include the following.
- One parent is planning on relocating
- There has been a significant change in the child’s physical or emotional needs like a learning disability, illness, etc.
- One parent has exhibited behavior that endangers the child like substance abuse, violence, neglect, abandonment, etc.
- One parent refuses to comply with the terms of the custody arrangement
- One parent has been incarcerated
If you are planning on requesting a modification for the well-being of your child, navigate to the New Jersey Courts website to learn how you can request to change a court order.
When dealing with custody and changes to arrangements, the most important consideration is how the new deal with impact the child. A New Jersey judge will always prioritize the best interests of the child, regardless of requests or complaints from the parents.
To learn more about when a custody change is warranted or allowed, contact a knowledgeable attorney at Paris P. Eliades Law Firm, LLC today.
