Changing Child Custody in New Jersey

If you’ve previously been involved in a divorce case, you may have reached a juncture at which you desire to seek a change of custody. If that is your situation, you need to understand the basics about New Jersey custody law. In addition, you need to understand your rights as well as how a child custody lawyer can be of assistance to you.

New Jersey Child Custody Standard

Our Hackensack family lawyers can provide you with detailed information on New Jersey laws relating to child custody.

When considering a change of custody request, a court applies what is known as the best interests of the child standard. What this means is that a custody determination is made with regard to what is in the best interests of a child.

The best interests of a child standard involves the consideration of a variety of factors on a case-by-case basis. These factors include such issues as the overall physical, emotional, and mental health of the parties. Other factors that are examined when determining what is in the best interests of the children include:

• The existing residential situation of the parties
• Which parent has been providing, or historically had been providing, primary care of the child

A change of custody also necessitates proof that there has been a significant change in circumstances that warrant an alteration in the custodial arrangement. Oftentimes, this is referred to as a material change of circumstances. In other words, if you seek a change of custody that is opposed by your ex, you must be able to show the court that a truly compelling or material reason exists to warrant a new custody order being issued. Our Hackensack divorce attorney typically is in the best position to make the argument to a court that a child custody order in a particular case should be changed.

Something that constitutes a material change of circumstances sufficient to warrant a change in custody is when a custodial parent’s health has deteriorated to point that he or she arguably cannot provide suitable primary care for a child. Another example of when a material change of circumstances may be considered is when a custodial parent interferes with the visitation or parenting time rights of the noncustodial parent.

Motion and Hearing to Change Custody

Our divorce lawyers are qualified to assist someone in pursuing a change of child custody order, including preparing the initial motion that will be required by the court. New Jersey child custody law mandates that a motion to alter or amend an existing custody order be prepared and submitted to the court following specific directives.

Once the motion is filed with the court, the judge assigned to the case schedules a hearing. At the hearing, your divorce attorney will present evidence and supporting arguments to the court. The opposition will then present evidence and arguments in favor of the position of the other parent. Once all the evidence and arguments are presented to the court, the judge makes a decision on whether the existing custody order should be altered and what changes should be made.

Agreement to Change Custody

Parents have the legal ability to reach an agreement between themselves to change an existing custody order. In fact, when it comes to custody cases, the court prefers that parents attempt to reach agreements on issues between themselves.

Even though the law favors cooperation between the parents, any agreement regarding a change of custody must be submitted to the court for approval. A judge needs to confirm that the agreement reached between the parents to change custody is in the best interests of the child or children. The court nearly always approves the agreement reached by the parents.

Retain a Skilled, Experienced Hackensack Family Lawyer

The first step in retaining the best family lawyer to meet the needs of your case is to schedule an initial consultation with our Hackensack family attorney at the Law Offices of Kelly Berton Rocco. During an initial consultation, you will be provided with an evaluation of your case. You also will have the opportunity to ask any questions or raise specific concerns that you have about your case. There is no fee for an initial consultation with our Bergen County divorce attorney to discuss your change of custody case. You can schedule an appointment with the Law Offices of Kelly Berton Rocco in Hackensack by calling (201) 343-0078 or emailing kelly@bertonrocco.com.