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Can I Change my Child Custody Agreement

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Feb 10, 2022

Can I Change my Child Custody Agreement

In NJ Can I Change my Child Custody Agreement?

According to the United States Census, 12.9 million custodial parents are on record. The title of custodial parent refers to the parent that has primary physical custody of a child. The custodial parent’s legal status helps determine the responsibilities of all parties involved. 

Co-parenting a child is simplified with the presence of a custody agreement. Although a custody agreement is a legally binding document, there can be a change of custody agreement in the state of New Jersey.

If either parent has reasons to modify child custody, they must file a motion to modify the parenting plan with the family court. Keep reading to learn how to and how to submit a petition to modify custody and win a custody modification case.

New Jersey Petition to Modify Custody

New Jersey law allows family courts to retain jurisdiction of parental rights cases until the child is no longer a minor. This state-wide regulation makes it possible for one or both parents to submit a petition to modify the custody agreement at any time. 

Reasons to Modify Child Custody Agreements

In the state of New Jersey, child custody agreements are malleable and can be revisited if there are any substantial changes in the parents’ or children’s circumstances. Common reasons to modify child custody agreements include: 

  • Relocation of either parent
  • Change in child’s educational or medical needs 
  • Change in employment from either parent 
  • Change in the stability of a child’s home life 

Family court judges must approve and enforce custody agreements best suited for the children involved in the case. 

Timeline for Change of Custody Agreement

The time necessary to change a custody agreement varies based on how the relevant parties feel about changing custody agreements. If both parents want a new custody agreement, the modification process will be streamlined. 

File a Consent Order

A consent order is a much faster way to modify a parenting plan. Consent orders involve both parents coming to a mutual solution outside of the court. This agreement will be written up and become legally binding once approved by a judge. 

Submit a Motion to Modify Parenting Plan

If the parents can not mutually reach an agreement outside of court, a family law attorney will typically be enlisted. The parent seeking a change will have to file a motion with the cord to modify the pre-existing order. This motion must outline the sizable change in circumstance that prompted the motion. 

Master How to Win a Custody Modification Case

In a broken family, custodial parental rights are essential for upbringing. However, due to a change in circumstance, a parent may feel they have reasons to modify child custody from the previously filed agreement.

New Jersey law allows parents to submit a motion to modify the parenting plan to have a change of custody agreement. Contact Dalena & Bosch to connect with a team of legal experts that know how to win a custody modification case. 

Please feel free to browse our blog articles to read what may be of interest to you. Below are ten articles related to child custody.

Consequences of Not Paying Alimony in NJ

What Does Parent of Primary Residence Mean?

How is Child Custody Determined in NJ?

How To Reduce Alimony Payments in New Jersey

How Does Supervised Visitation Work in NJ

How To Establish Paternity and Parental Rights in NJ

How To Enforce Alimony Payments Arrears in NJ

Guardianship for Adults with Mental Illness in NJ

Child Custody Laws in NJ. What To Do If My Child Refuses Visitation

8 Key Factors Influencing Decisions Made By Judges on Child Custody Cases

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