Most Common Reasons for Modification of New Jersey Child Custody Orders

There is supposed to be an element of permanence to New Jersey child custody orders. It is considered to be in the best interests of children in the Garden State that New Jersey child custody orders are not subject to frequent changes of alterations. With that said, there are some more commonplace reasons why child custody orders are modified. We explore some of these more regularly occurring bona fide underlying reasons why a modification of a custody order is sought:

• Relocation of one of the parents
• Change in a child’s needs
• Change in the circumstances of a parent
• Welfare and safety concerns
• Non-compliance with existing custody order

We take a moment to examine each of these reasons that underpin the modification of a standing New Jersey child custody order. If you have additional questions after reading this article, you are wise to consult with an experienced New Jersey family law attorney.

Relocation of a Parent

There are limitations as to when and why a parent can relocate and expect a court to approve a modification of an existing child custody order. New Jersey child custody orders can be modified in certain circumstances when one parent needs to move a significant distance for work, family, or other legitimate reasons. Ideally, the parents can come to a mutual agreement about altering an existing custody order. If they cannot, the matter is brought before the court for consideration of whether, why, and how an existing custody order can be amended.

Among the more commonplace reasons why a court will consider modifying a custody order include:

• Job transfers or new employment opportunities
• Family obligations in another location
• Educational pursuits

Changes in Child’s Needs

As children grow, their requirements and circumstances often change. Depending on the specific circumstances, courts do permit New Jersey child custody order modifications. Once again, the preference is that parents can reach agreement between themselves. If not, a court will initiate proceedings to consider how and why an existing degree might be altered to satisfy the needs of a child or children. Among the more commonplace reasons why the needs of a child might warrant a court order alteration include:

• Educational needs or school changes
• Medical conditions or special needs
• Age-related developmental changes
• Desires or wishes of a child (spending on his or her age)

Parent’s Changed Circumstances

Significant changes in a parent’s life situation may require custody modifications. Some of these have been discussed previously in the discussion of necessary parental relocation. Other examples of bona fide reasons why alterations in a parent’s status can permit alteration of New Jersey child custody orders include:

• Changes in work schedule or employment status
• Health issues
• New marriage or relationships

Safety and Welfare Concerns

Issues affecting the child’s wellbeing may necessitate immediate child custody order modifications. No matter the reason why changing a custody arrangement is sought, the best interests of a child or children is always the underlying standard applied by the court – even when the parents agree to a change in a custody decree. Some of the most common reasons why the safety and welfare of a child of children results in a reconsideration of an existing of a custody order include;

• Substance abuse problems
• Domestic violence or abuse
• Unsafe living conditions

Non-Compliance with Existing Order

When one parent consistently fails to follow the current custody arrangement, modifications may be necessary. Altering a custody arrangement because of non-compliance typically is something that occurs after other sanctions have been attempted to get the non-compliant parent “ back on track.” With that noted, some of the more commonly occurring types of parental non-compliance with an existing child custody order include such things as:

• Repeated violations of visitation schedule
• Interference with communication rights
• Failure to make decisions jointly when required

If you are dealing with a situation in which a change in or modification of an existing New Jersey child custody order is necessary, your next step – and a crucial one – is to obtain the professional assistance of a skilled, seasoned, experienced family law lawyer. Typically, a family law attorney with a background in child custody will schedule an initial consultation with a prospective client at no cost to that individual. If you have questions concerning the modification of a child custody order, call the Law Offices of Peter Van Aulen today at (201) 845-7400 for a free consultation.