Custody orders are legal documents outlining each parent’s rights and responsibilities regarding the legal and physical custody of a child. These arrangements can be made at any point but are often created during divorce proceedings when the divorcing couple shares minor children. However, circumstances can change drastically as time goes on and parents may question whether custody arrangements can be changed after the divorce has been finalized. To learn more and secure knowledgeable representation during your case, set up a consultation with a skilled Bergen County child custody lawyer today.
Can Custody Arrangements Be Changed After the Divorce in NJ?
If the child or either parent has significant changes in circumstances after the divorce, the custody arrangement may need to be modified to ensure that it continues to meet the standards of prioritizing the child’s best interests.
The first and easiest way to change a custody order is for both parents to approach the judge with an agreed-upon new parenting plan. When both parents are on board with the requested changes, they can draft what is known as a consent order which outlines the new custody arrangements. If the judge approves of the changes it can be signed and made official.
However, oftentimes parents will not be able to agree or communicate effectively enough to create a new custody plan. If that is the case, then one parent can file a petition with the court for a modification. The petitioning parent must present their reason for requesting a change and the other parent may have the opportunity to respond. The judge will evaluate the details of the circumstances before either approving or rejecting the change.
When Can a Custody Order Be Changed?
It is important to note that even if the parents file a consent order, a judge will not approve a major change for just any reason. There must be valid and justifiable cause proving why the arrangement no longer works and how modifying the order will be in the best interest of the child.
Whether through a consent order or petition for a modification, a judge will only allow a modification if there has been a significant change in circumstances that warrants the adjustment. Valid reasons could include one parent planning to move to a different city or state, a parent developing an illness or substance abuse problem, evidence that one parent has been physically or verbally abusive to the child, or the child developing special needs.
New Jersey courts strive to make custody determinations based on what reflects the well-being of the child. If the proposed modification helps ensure their best interests are prioritized, the judge will likely approve the change. If not, however, they have the authority to enforce the existing order.
To acquire representation and legal assistance, contact a skilled family lawyer today.
