© 2025 Law Office of Sarina Gianna, LLC.
All rights reserved. Attorney advertising.
Can Custody Orders Be Changed After a Divorce?
When your circumstances drastically change, it may necessitate a modification to your current custody order. Please continue reading as we explore how custody orders can be changed after a divorce in New Jersey and how a skilled Ocean County Child Custody Attorney can assist you in seeking a modification.
How is Custody Determined in New Jersey?
In New Jersey, child custody decisions prioritize the best interests of the children. Generally, the court favors joint custody arrangements that allow for frequent and continuing contact with both parents. The court believes the child’s overall well-being and healthy development are positively impacted by maintaining a relationship with both parents. Sole custody is only applied in cases where one parent is deemed to be absent or unfit. To determine what is in the best interests of the child, the court will consider the following factors:
- The needs of the child
- The parents’ ability to communicate and cooperate
- Each parent’s physical and mental health
- The stability of each parent’s home environment
- Each parent’s employment responibilities
- The child’s relationship with siblings
- The child’s parental preference
- Any other factors deemed relevant by the court
What Are the Steps to Change Custody After Divorce?
In New Jersey, parents may agree to change the parameters of their existing custody order. In this case, the parents can present a consent order. However, the court will need to review the agreed-upon modifications to ensure they serve the best interest of the child. While it may be tempting to reach a verbal agreement, this is not recommended. Doing so can lead to major problems down the road if one party fails to comply with the terms of the agreement, as the court cannot legally enforce them.
If the parents cannot reach an agreement regarding the changes to the custody order, a parent can file a motion with the court to modify the existing court order. To succeed in such a motion, you must demonstrate a substantial change in circumstances since the original order or the last modification. The requirement of a substantial change in circumstances is a key element in modifying a custody order. This change must be significant enough to warrant a reexamination of the current custody arrangement. Examples of substantial changes in circumstances can include:
- A major relocation of one or both parents
- Job loss or change in work schedule
- Change in a child’s needs
- One parent refuses to comply with the existing custody order
- Incarceration or military service
- Serious illness
- Substance abuse or neglect
It’s important to note that even if a substantial change in circumstances exists, the court will only grant a modification if the proposed changes are deemed to be in the child’s best interest. If you are considering a child custody modification, please don’t hesitate to contact an experienced attorney from The Law Office of Sarina Gianna, LLC, who can help guide you through the legal process, gather evidence, and advocate for your rights in court. Connect with our firm today to learn how we can fight for you during these difficult times.