7 Common Reasons Parents Seek a Change in a New Jersey Parenting Time Order

A New Jersey parenting time order is designed to provide stability and structure for a child after a divorce or separation. The reality is that there are instances in which circumstances change. Such a change in circumstances may necessitate a parent (or even both parents) to seek a change in an existing parenting time order.  Courts prioritize the best interests of the child when evaluating such requests. Modifications to existing parenting time orders will be granted when there is a significant change in circumstances and when making such an alteration is deemed in the best interests of a child. We take a moment to discuss seven of the more commonplace reasons why an existing parenting time order may be changed in New Jersey.  

Relocation of a Parent  

One of the most frequently occurring reasons a parent seeks to modify a parenting time order is when one parent desires to move away a considerable distance. Typically, this involves a parent who intends to move to a different state. This type of situation can arise because of such things like a new job, remarriage, as well as other personal or professional reasons. Relocation of this nature can prove to be highly disruptive of an existing parenting schedule.  

Bear in mind that when this type of situation arises in New Jersey, the moving parent must provide notice and obtain court approval before relocating with the child. The parent who is not moving has the right object. This would result in a hearing at which the court evaluates whether the move serves the child’s best interests. If the relocation is approved, the parenting plan will be adjusted to accommodate the new distance. This likely will include lengthier parenting times during school breaks.

Changes in the Child’s Needs  

The best interests of a child is the overarching concern when it comes to a New Jersey parenting time order. As children grow, their needs understandably change and evolve. A parenting plan that worked for a toddler may not suit a teenager. Changes in school schedules, extracurricular activities, medical needs, or emotional development can necessitate adjustments to parenting time.  

Parental Unavailability, Failure to Follow Court Orders, or Neglect  

If one parent consistently fails to adhere to the parenting schedule or neglects their responsibilities, the other parent may seek modification of a New Jersey parenting time order.

Examples of more commonplace situations in which matters of parental unavailability, failure to follow court order, or neglect might precipitate a move to change a parenting time order include, but are not limited to:

• Frequent cancellations or no-shows for visitation  
• Lack of involvement in the child’s education or healthcare  
• Leaving the child with third-party caregivers excessively  

Safety Concerns or Child Endangerment

A more serious underlying reason for seeking an alteration of an existing New Jersey parenting time order is if or when a parent’s home environment arguably becomes unsafe. In such a situation, the other parent can petition for a modification of an existing parenting time scheme. Safety concerns may include:  

• Domestic violence or abuse
• Substance abuse issues 
• Criminal activity in the home  
• Unsafe living conditions (for example, lack of supervision or an otherwise hazardous environment)

The stark reality is that New Jersey courts take these types of situations very seriously. Depending on the facts and circumstances, these types of situations can result in supervised parenting time or even a suspension of parenting time altogether.   

Changes in Work Schedules  

There are a number of reasons why a parent’s work schedule can change drastically, For example, a parent’s work schedule might alter significantly due to:

• A new job 
• Shift changes
• Job loss.

A change in a work schedule can result in a noncustodial parent no longer no longer being in the position at which he or she can adhere to the existing parenting. In such a situation, modification may be a necessity.

As an aside: Keep in mind that a court may request the parent with a changing work schedule to demonstrate how the new situation will benefit the child (or at least not cause a significant disruption to the child’s life).

Remarriage or Blended Family Dynamics  

When a parent remarries or introduces a new partner into the household, it can impact an existing parenting time arrangement. While remarriage alone is not usually grounds for modification, significant changes in family dynamics (such as a stepparent taking on a parenting role) may justify an alteration of an existing parenting time order.  

There are different scenarios in which remarriage or blended family dynamics may result in a desire of a parent to amend a parenting time order. If the new relationship creates conflict or instability, the other parent may seek revised custody terms. Conversely, if the new household provides better support, the court may consider expanding parenting time.  

Violation of the Existing Order 

Finally, if a parent repeatedly violates a parenting time order the affected parent can file for enforcement or modification.  Examples of violations of existing parenting time orders that more commonly occur include:

• Withholding the child
• Refusing visitation
• Making unilateral decisions without consulting the other parent

If you face a situation in which you believe a parenting time order needs to be changed, or if the other parent is intending to pursue such an alteration, you are wise to proactively seek representation by an experienced New Jersey family law attorney. If you have questions concerning child custody and parenting time in New Jersey call the Law Offices of Peter Van Aulen today at (201) 845-7400 for a free consultation.