Reasons Why a New Jersey Change of Child Custody Can Occur

Child custody is one of the most important issues that arise during a divorce or separation. Custody arrangements are often established as part of a divorce or separation agreement. The reality is that these agreements are not necessarily set in stone. They may need to be modified over time. A New Jersey change of child custody can occur for various reasons, some far more commonplace than others.

One parent may want to relocate to another state or country for personal or job-related reasons, which can significantly affect the child's life and custody arrangements. If the relocation makes it difficult for the non-relocating parent to maintain their relationship with the child, it may lead to a change of custody. In New Jersey, the relocating parent must obtain the other parent's consent or permission from the court to relocate with the child.

If one of the parents becomes physically or mentally incapacitated, they may not be able to care for their child properly, and the other parent may need to take over custody. This situation may arise if a parent suffers from a severe illness, injury, or disability. In such cases, the court may consider the incapacitated parent's ability to provide for the child's needs and well-being.

In New Jersey, judges may consider a child's preference when they reach a certain age or level of maturity when there is an issue regarding a change in child custody. If the child expresses a desire to live with the other parent, it may lead to a change of custody. The child's preference is usually taken into consideration when they are at least 12 years old. However, the court may also consider various factors, such as the child's relationship with each parent, their educational needs, and their physical and emotional well-being.

If a child is in danger or at risk of harm in their current living situation, custody arrangements may need to be changed to protect them. This situation may arise if one parent is abusing the child, neglecting them, or exposing them to dangerous or harmful situations. The court may consider various factors, such as the nature and severity of the abuse or neglect, the parent's willingness to cooperate with child protective services, and the child's emotional and physical needs.

Parental alienation is when a parent turns a child against the other parent. Said action can cause emotional damage to the child. If alienation can be proven, some of the ways a court can intervene is ordering a modification of the parenting schedule, modifying the transportation arrangements, requiring the alienating parent to attend parenting classes, awarding the victim parent compensatory parenting time, ordering the alienating parent to attend counseling, awarding attorney fees to the victim parent, requiring reunification therapy, and in extreme cases ordering a change of custody.

If a parent is neglectful or abusive towards the child, custody may be changed to protect the child's well-being. Neglect or abuse can take many forms, including physical, emotional, or sexual abuse. The court may consider various factors such as the nature and severity of the abuse or neglect, the parent's willingness to participate in counseling or therapy, and the child's emotional and physical needs.

Significant changes in either parent's circumstances, such as a new job, a change in income, or a new relationship, can lead to a change of child custody. If a parent's new circumstances make it difficult for them to care for the child, custody arrangements may need to be modified. The court may consider various factors such as the parent's ability to provide for the child's needs, the child's relationship with each parent, and the child's emotional and physical needs.

If one parent consistently violates the terms and conditions of an existing custody order, the other parent may seek a change in custody. Custody orders are legally binding, and both parents are required to follow them. If one parent repeatedly violates the order, it may indicate that they are not capable of properly caring for the child. The court may consider various factors such as the frequency and severity of the violations, the parent's willingness to follow the order, and the child's emotional and physical needs. If you have any questions concerning custody, please call (201) 845-7400 for a free consultation.