New Jersey Procedures for Modification of Custody

Do my ex-spouse and I have to agree on a custody change?

At any point after the final divorce decree is issued, there may arise a need to request a change in the existing custody arrangement and/or visitation terms. If you and your ex-spouse agree to the change, you may establish a modified agreement, sometimes referred to as a stipulated modification. Although this may be followed without the approval of the court, it is a good idea to have the terms formalized in order to protect against any future need to enforce them. A New Jersey divorce attorney can advise as to your legal rights and obligations and guide you through all parts of this process.

If you feel a change needs to be made but your ex-spouse is not in agreement, you may file a motion to request the court issue revised orders. This is generally only permissible in the case of a substantial change in circumstances. Factors such as one parent wishing to relocate interstate or a drastic change in a work schedule that interferes with parenting responsibilities may constitute a substantial change. This helps to protect against a lack of stability for the child or children involved, as well as ensure that court resources are not overburdened by frivolous or poorly planned requests. Whether both parents agree or not, court approval will depend on the best interests of the child.

New Jersey Divorce Attorney

Whether you wish to petition for a custody modification or you and your ex-spouse wish to alter the arrangement in coordination with one another, the Law Offices of Steven P. Monaghan can help. Our extensive experience with such matters allows us to provide comprehensive advice and help you pursue the result you desire in the most efficient manner.

Contact a New Jersey divorce lawyer if you are seeking to change the custody arrangements already in place from your divorce.