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When would you modify a child custody order?

When you finalized your divorce, it was based on the circumstances during that time. Like other New Jersey parents in your position, you most likely tried to anticipate as many scenarios as possible when creating your child custody agreement. However, circumstances tend to change over time, and you may now be in a position where you feel a modification is in order. The question is whether the court would consider it.

Courts here in New Jersey and elsewhere are often hesitant to disrupt a child’s life without good reason, which means you must have a compelling reason to request a modification of your current child custody order. The court will want to know that making the change will somehow make the child’s life better. Reasons you may feel a change is needed:

  • Changing visitation
  • Changing the child’s residence
  • Altering the custody arrangement
  • Altering your parenting plan
  • Moving to another state

When the court considers your request, it will continue to use the best interests of the child standard. If you can prove that the change will benefit your child, the court may approve your request. However, this is not always as easy as it sounds.

Understanding your rights and what evidence will help lead to the outcome you desire could prove problematic. Considering what is at stake, you cannot go wrong using all the resources at your disposal. If you feel that you need to request a modification to your current child custody order, it would be a good idea to consult with an attorney.