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What You Need to Know About Modifying Child Custody in New Jersey

In the months or years following your initial child custody agreement, you may find that, for whatever reason, this agreement no longer works in the best interests of your child. Please continue reading and reach out to our experienced New Jersey family law attorney to learn more about modifying child custody in New Jersey and how our firm can help you receive one. Here are some of the questions you may have:

What are the different types of child custody in New Jersey?

There are two primary types of child custody in New Jersey. They are physical and legal custody. When someone has physical custody of their child, it refers to the fact that that person lives with their child. However, legal custody refers to a parent having the legal right to make important life decisions on behalf of their child, such as where they go to school, what types of medical treatment they may receive, and the type of religion they are allowed to practice.

How do New Jersey courts decide child custody matters?

The main thing that New Jersey courts will consider when determining your child custody agreement is the best interests of your child. In most cases, if it is in the child’s best interests for both parents to equally share legal and physical custody, they will most likely do so. That being said, there are many factors that New Jersey courts will consider when making their decision, including:

  • Both spouse’s age and health
  • Whether you and your former spouse can provide an emotionally stable home for your child
  • Whether you and your former spouse can financially provide for your child
  • Whether you and your former spouse live in close proximity to one another
  • Whether your child has any special needs
  • Any other factor the courts deem relevant

How do I go about modifying child custody in New Jersey?

Fortunately, in many cases, the answer is yes. Say, for example, months or years ago New Jersey courts decided that you would evenly split physical and legal custody with your former spouse, however, your former spouse has recently developed a substance abuse issue, or he/she has done something that otherwise calls his/her parental fitness into question, such as an act of domestic abuse. In this case, you may receive a child custody modification that better suits the current circumstances. As mentioned earlier, your child’s best interests are the court’s primary concern, and as long as you can prove that there has been a substantial and continuing change of circumstances, you should be granted a child custody modification.

Contact our experienced Ocean City firm

Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.