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Can You Modify a Custody Agreement in NJ?
If you have a custody order in place, the court won’t simply change the terms because one parent wants something different. However, if you can prove a substantial change in circumstances, the court may consider modifying custody. Please continue reading to learn how to request a custody modification in New Jersey and how a determined Ocean County Child Custody Attorney can help you gather evidence to support your claim.
What Qualifies as a “Substantial Change in Circumstances” for Custody Modification in NJ?
New Jersey courts recognize that circumstances can change drastically over time. As such, they allow for custody modifications when circumstances warrant it. However, you must be able to demonstrate a substantial change in circumstances since the original custody order was issued that directly impacts your child’s well-being. Some of the most common changes that justify a custody modification include:
- Relocation of a parent
- Changes in work responsibilities
- Remarriage
- Substance abuse
- Criminal Issues
- Domestic violence
- Concerns about the child’s well-being
- Significant changes in the child’s needs
- A child’s state preference (if sufficient age and maturity)
To prove a substantial change in circumstances, it’s in your best interest to contact an experienced attorney who can help you collect evidence and present your case in a manner that highlights stability, safety, and the child’s unique needs.
How Do I File a Request to Modify a Custody Agreement?
If you believe that your current custody order no longer serves your child’s needs, you can ask the court for a modification. However, you will need to follow specific legal steps.
First, you must file a “Notice of Motion for Custody Modification,” along with supporting documentation of the substantial change in circumstances that warrant a change. You may choose to file your completed forms and proposed order by uploading them to the Judiciary Electronic Document Submission (JEDS) system or by mailing them to the court. It should be noted that you need to pay a filing fee, although a fee waiver may be available, depending on your financial circumstances.
In addition, you will need to serve the other parent at least 24 days before your selected motion date. A judge will then review your motion and determine if your new circumstances warrant a modification. In the event that you and the other parent can agree on the proposed changes, you may establish a consent order, which is a formal document reflecting your agreement. This can simplify the process.
A knowledgeable family law attorney at the Law Office of Sarina Gianna, LLC can help ensure you don’t make any mistakes that delay the process. Our legal team is prepared to help you draft your motion, collect evidence, and ensure you meet all legal requirements. Connect with our firm today to schedule a consultation.