Am I Allowed to Modify My Child Custody Agreement?

Child custody is often the most divisive issue in any family law matter. Hopefully, parents will be able to reach a child custody agreement that works best for their family and allows each parent to maintain a close, loving relationship with their child or children. However, parents’ and children’s lives will change over time, which at some point may necessitate a modification of a family’s child custody agreement. But what does the process of modifying an agreement in New Jersey look like?

Modifying a Child Custody Agreement Without Court Involvement

Parents can choose to create their own child custody agreement without the court’s involvement. However, without a court order, if one parent decides to stop following the agreement there is no way for the other parent to enforce compliance. Instead, they will have to go to court to get an initial child custody order, which may or may not include all the terms of the parents’ initial informal agreement.

Even if you have a court order formalizing a child custody agreement, parents might mutually agree to modify the terms of the agreement when it works for their family. But unless the court issues an order modifying the formal agreement, the original court-ordered agreement remains the legally binding obligation of the parents. If one parent later decides that they don’t like the informal modifications, they may be entitled to go back to court to demand the other parent comply with the express terms of the court’s order. For that reason, it is always preferred to formally seek a modification of a child custody agreement from the court so that the modified agreement is legally binding. 

When Can You File a Motion to Modify a Child Custody Arrangement?

A parent or parents cannot move to modify their family’s child custody agreement whenever they wish. Courts want to maintain stability for children, so they will only grant modifications in certain circumstances. Modification of a child custody agreement may be approved if:

• The proposed modification is in the child’s best interest (the parents’ interests do not come into play unless they affect the child’s interests as well)
• The child has been exposed to danger, violence, or substance abuse in a parent’s home or is facing a threat of danger or violence
• A parent wishes to relocate out of the local area
• A parent is not able to provide for their child’s physical, financial, or emotional/mental needs
• A parent repeatedly refuses to comply with the court’s current child custody order

What is Involved in the Modification Process?

The formal modification process can move more smoothly when both parents agree to the proposed modification. They can file a joint petition, which may help convince the court that the modification is in the child’s or children’s best interest. However, if one parent does not agree to a proposed modification, the other can still file a petition or motion with the court. The parent seeking modification will need to prove that the family’s circumstances have changed since the entry of the current custody order and that the proposed modification serves their child’s or children’s best interest. A court will usually hold one or more hearings for the parents to provide evidence, testimony, and argument for or against a proposed modification. 

Contact a Hamilton Township Family Law Attorney for a Consultation About Child Custody in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at Hartman Duff represent clients throughout the state, including Trenton, Ewing Township, Lawrence Township, and Princeton. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at 609-853-5579 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 2681 Quakerbridge Rd., Hamilton Township, NJ 08619.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.