As children mature and their needs evolve, custody arrangements may require adjustments to ensure their continued well-being and accommodate changing circumstances. Please continue reading to learn whether custody orders can be changed after a divorce in New Jersey and how our experienced Edison Child Custody Lawyers can assist you in seeking a modification.
How is Custody Determined in New Jersey?
In New Jersey, custody decisions prioritize the best interests of the child. If parents are seeking joint custody, the court will assess the parent’s ability to communicate and cooperate concerning the child. Other factors considered when determining a custody arrangement in the child’s best interests may include:
- Fitness of the parents
- The child’s needs
- The stability of the parent’s home environments
- Parent’s employment responsibilities
- The child’s parental preference (if sufficient age and maturity)
- The relationship between the child and each parent
- Each parent’s physical and mental health
- Any other factors deemed relevant by the court
Can Custody Orders Be Changed After a Divorce?
In New Jersey, a child custody order can be modified either through a consent order or by filing a motion. A consent order can be presented to the court if both parties agree on the changes to be made to the existing custody order. The court will review the agreed-upon modifications. If the court finds the changes to be in the best interests of the child, the existing court order will be adjusted accordingly. However, if the parents don’t agree on the changes, the party seeking the modification can file a motion with the court. The motion must demonstrate a substantial change in circumstances since the issuance of the original order. Substantial changes warranting a custody modification can include but are by no means limited to the following:
- Parental relocation of one or both parents
- A change in employment or work schedule
- Substance abuse or neglect
- Domestic violence or abuse
- Incaraceration
- Mental or physical health issues
- Failure to comply with an existing custody order
- New relationship or remarriage
- The child’s needs have changed
- The child’s educational progress has been affected
- The child’s parental preference
The change in circumstances must be significant enough to warrant a reconsideration of the existing custody arrangement. The court will carefully review the evidence presented to determine whether a substantial change in circumstances has occurred and whether the proposed modifications are in the best interests of the child.
If you are considering a child custody modification in New Jersey, it’s in your best interest to enlist the help of a qualified family law attorney from Arndt & Sutak, LLC. Our legal team is prepared to protect the best interests of you and your children. Connect with our firm today to discuss your case.
