When the New Jersey family court initially approves of or creates your child custody arrangement, they base their decision on your child’s best interest. However, a dynamic that once served your child may no longer work out for them. This may only be natural as they grow older and develop different wants and needs, or life circumstances change for you and their other parent. That said, please read on to discover whether child custody arrangements can be changed later on and how a seasoned Bergen County child custody attorney at McNerney & McAuliffe can help you initiate these modifications.
Can child custody arrangements be changed after a divorce decree?
As insinuated above, the New Jersey family court may only find changes to a child custody arrangement fitting if there were substantial and permanent changes in circumstances amongst your child, you, and your child’s other parent since the original decree was issued. More specific examples of what constitutes a substantial and permanent change are as follows:
- You or your child’s other parent receives a work schedule change that impacts your ability to care for your child.
- You or your child’s other parent experience a financial upset that hinders your ability to support your child while under your care.
- You or your child’s other parent must relocate to another state for a new job or to respond to your child’s new healthcare or educational needs.
- You or your child’s other parent remarry or move in with a new partner that impacts your child’s living environment and situation.
- You or your child’s other parent are deemed to be parentally unfit (i.e., history of domestic violence, neglect, abandonment, substance abuse, etc).
- You or your child’s other parent has a history of repetitively violating the current child custody arrangement in place.
How can I seek a modification of my custody agreement?
If you and your child’s other parent agree that your current setup is no longer sustainable and changes must be made, you may work together to craft a modified child custody arrangement. Specifically, you may draft and sign a consent order and submit it to the New Jersey family court that handled your original divorce decree. Once a judge signs off on it as well, it is a legally binding court order that becomes enforceable effective immediately.
However, your child’s other parent may be unwilling or unable to see your perspective on why such modifications are necessary. In this case, you may have to file a motion to modify your existing child custody arrangement with the court. Here, you must effectively prove that enforcing modification would work in your child’s best interest. This may require tangible evidence of your or your child’s other parent’s new job situation, living arrangement, or otherwise.
If you require further clarification on this issue, a competent Bergen County family law attorney at McNerney & McAuliffe is willing to offer it. So please do not hesitate to seek out our services. We look forward to helping you.