Motion to Modify Custody and Visitation Order in New Jersey

A parent who feels that their current custody or visitation arrangement no longer works for their situation may certainly seek to modify their existing arrangement. One way is to agree on changes with the other parent of their child.

If the parents can agree about custody and visitation of the child, a judge allows them to put their agreement into the record in open court and then enters an order of custody on consent. No formal court hearing needs to be held.

In fact, in New Jersey, a parent who seeks modification of custody is required to participate in mediation. These measures help parents to come to an agreement on custody and visitation that works for their family.

In addition, a parent might benefit from a legal consultation regarding whether they would qualify for a modification of custody and visitation.

Courts make child custody decisions using the child’s best interest standard. This means that after taking all of the relevant factors into consideration, a court decides on a custody arrangement that serves the best interest of the child. The same rule applies to child custody modifications. The child’s best interest standard is applied by a court.

The parent who wants to change an existing child custody and visitation arrangement must have a valid reason for the change. A court wants to see that there has been a change of circumstances, one that affects the best interests of the child. A local attorney in New Jersey would be able to explain more about the reasons for which a court would modify custody or visitation and the child’s best interest standard.

Among the changes in circumstances that may justify a change in an existing order are the following:

• The child has suffered abuse or neglect.
• Domestic abuse has taken place in the home.
• One of the parents wants to move to a different state.
• The custodial parent cannot maintain a safe and stable environment for the child in their home.
• A parent has a substance abuse problem or a serious chronic illness.
• A parent interferes with the rights of the other parent, e.g., their right to visitation.
• A parent has returned from active military deployment or moved closer to the custodial parent, and this has made more frequent visits possible.

These are some examples of changes that might justify adjustment of custody and visitation.

When Can You Modify a Custody or Visitation Order?

Again, in New Jersey, a motion to modify custody or visitation would be granted when there has been a change in the circumstances of either the child or their parents. So, the time to ask for modification of a custody and visitation order is when there has been a significant change in the lives of one of the parties.

This might be when one parent decides they want to move to another state for a job opportunity, or a parent suffers a disability that affects their employment and their income. Or the child may start to live with the non-custodial parent.

It is important to note that a court would not change a child custody order for the sole reason that one parent does not like the existing custody and visitation arrangement. A parent who wants a change must prove to the satisfaction of the court that there has been a legitimate change in the circumstances of either the parent or the child, and for this reason, an adjustment of custody and/or visitation is reasonable and serves the interests of the child.

A judge must determine that changing the order would be in the best interests of the child. The judge may want to hear testimony from an expert witness and may have a mental health professional prepare an evaluation.

How to File a Petition for Modification of Child Custody or Visitation Order

A person can begin the process of asking for a change in a custody order by completing the forms for a motion to modify custody or visitation. The family court in the county in which the child lives probably has a package of forms available online that a parent may use for this purpose.

If the existing custody and visitation order is from a court in another state and any parent still lives in that state, then a petition must be filed in that other state.

Some people may find the forms to be complicated. In addition, a copy must be delivered to the parent who has custody of the child at the time. A parent may want the advice and help of a
New Jersey custody lawyer.

Once the petition has been filed with the right court, the clerk schedules a date for a court hearing regarding the request. The two parents involved would have an opportunity to settle the case by coming to an agreement regarding the issues that are satisfactory to both of them. The court orders mediation for this purpose.

If the case is not settled, then a court hearing must go forward. At the hearing, the parent who wants to change the order must produce evidence to support their request. This may include their own testimony as to the nature of the change in circumstances that they have experienced.

They may have other witnesses testify as well. They might also produce documents, such as their work schedule or medical records, regarding treatment for an injury they have suffered and how it would affect their ability to care for their child.

It is important to keep in mind that a court always weighs the change in circumstances and the proposed new custody arrangement in light of the best interests of the child. So, in addition to the evidence that a parent provides, the court also considers other factors.

These would include the child’s relationship with each parent, each parent’s ability to care for the child, and any history of abuse or neglect. North Carolina courts must take any domestic violence into account if either parent raises the issue.

What Are Temporary Child Custody Modifications?

If a parent has taken up residence in New Jersey within and it is not the state in which the child resides, they may still seek temporary emergency custody in New Jersey.

Another situation in which a court may order temporary custody is when the parents are engaged in the process of determining custody. If the child resides in New Jersey and a custody hearing involving the parents is in progress, a court may issue temporary custody orders until the case is resolved after a trial or the parents settle the issue, thereby allowing a final order to be issued.

These orders regarding temporary custody may be modified if necessary.

Do I Need a Lawyer To Modify a Child Custody or Visitation Order?

If your custody and visitation plan needs to change because your life circumstances have changed, you want to consult a New Jersey child custody lawyer.

LegalMatch.com can put you in touch with an experienced lawyer who knows New Jersey’s child custody law. Your lawyer will analyze your case and be able to tell you whether you might win modification and then guide you through the process to get the adjustment you need.