A child’s safety is always the priority in any custody decision.
A lot can change in a short amount of time when you’re raising a child. Whether growing a whole shoe size in a month or developing an overnight passion for a new hobby, your child’s needs and interests are an ever-moving target. (And an ever-evolving shopping list.)
But what about your family’s needs when it comes to child custody? Compared to sizing up shoes or signing up for a new activity, changing a child custody arrangement requires a lot more planning and negotiation.
How Child Custody Arrangements Are Changed in New Jersey
Child custody arrangements, whether formed as an agreement or a court order, are legally binding. If parents need to change these arrangements, they should do so officially.
Parents in New Jersey have two options for modification.
If Co-Parents Agree on a Modification
The parent seeking the change can work with a child custody attorney to draft a consent order or consent agreement. If the co-parent signs the document, then this establishes a formal, binding agreement to alter their child custody arrangement.
The parties can then file the consent order or agreement with the court, giving it the weight of a court order.
If parents can come to an agreement, litigation isn’t necessary. As a result, the updated child custody arrangement is more personalized and isn’t required to prove a basis for changing the order.
If a Co-Parent Doesn’t Agree to Modify a Child Custody Order
The parent seeking the modification and their attorney will need to request a modification of their child custody arrangement from the court and present evidence of a permanent and substantial change in circumstances.
Generally, this is done by way of motion practice. This process requires an application that explains why a modification is necessary and provides supporting evidence to help the court determine an order.
Child custody modification requests typically aren’t approved simply because a parent isn’t satisfied with the current agreement. Parents need to be able to demonstrate substantial change in either a parent’s circumstances or the child’s needs.
How Do You Determine a Significant Change in Circumstances?
As discussed above, if co-parents agree on the changes, they don’t have to “prove” anything to the Court to effectuate the change.
On the other hand, if they request a modification through the court, they need to demonstrate specific changes in circumstances that would support the court agreeing to modify the existing child custody arrangement.
What Constitutes a Substantial Change in Parental Circumstances?
There are several circumstances in which a judge may agree to a change in the current child custody agreement based on parental circumstances.
Income
If a parent’s income changes significantly, it may impact their ability to care for a child, especially if it changes their housing. Alternatively, a dramatic increase in one parent’s income may mean a new job, which may have other ramifications.
Employment
If a parent’s employment status changes—such as a career shift, new job, or job loss—it may qualify for a child custody modification.
There are various scenarios where this may apply, from a parent getting a new job that requires frequent travel or provides a more—or less—predictable work schedule. For instance, if one parent is a doctor moving from an inconsistent 80-hour work week in a hospital to a family practice, they may want to pursue a more structured child custody schedule.
Remarriage
Remarriage doesn’t mean child custody arrangements need to be reworked, but if remarriage is accompanied by relocation and subsequent transportation challenges, the court may modify the order.
Relocation
If one parent moves to another state or a city far away from their current co-parent, the court will consider how to modify a custody order based on how the move impacts the child’s life or the current parenting arrangements.
Incarceration
The incarceration of a parent will likely result in the need to modify a parenting time agreement and may require alterations to how the parents make decisions for their child, especially in an emergency. However, the incarcerated parent may choose to pursue an additional child custody modification to regain parenting time once they are no longer incarcerated.
Mental Health
If a parent faces severe mental health challenges, a judge may modify a custody order if there is evidence that this will significantly impact their ability to provide care and a stable environment for their child.
However, the reverse is also true. If a parent recovers from mental health challenges, they may be able to modify child custody to gain more time with their child if they previously saw a reduction or remove precautions like supervised parenting time if those were previously put into place.
What Constitutes a Substantial Change in a Child’s Needs
Children grow and change constantly, and their needs change, too. Here are the common factors a court may consider in modifying a child custody arrangement.
Education
If one parent lives in a particular school district with the resources that support the student’s educational needs and goals, that may be considered in a child custody modification. This can be a tricky situation, though, because the needs and goals need to be clearly established, and more often than not, the districts have to be vastly different for the court to consider a modification to the custody and parenting time arrangements.
Age
While age alone generally isn’t a standalone reason to change child custody orders, if there are coinciding factors, it may influence the court’s decision. For example, if a sixteen-year-old child is pursuing their passion for theater and one parent has a flexible work schedule and lives closer to an arts-centered school, the circumstances may be sufficient to change custody orders.
Health
If a child is diagnosed with a medical condition that requires specific treatment or extensive care, it may warrant modifications to a child custody order. Similar to the situations noted above, the court considers all factors together to come up with a holistic view of what is in the best interest of the child.
Other Potential Reasons
Beyond the changing circumstances and needs of parents and children, there may be other factors that affect a family in such a way that a child custody modification is necessary. Here are three examples.
Death of a Family Member
The death of a parent can have significant implications on child custody arrangements, though it does not automatically mean that the other parent has full custody; if a child is in the foster care system or someone else applies for custody, this may influence child custody arrangements.
The death of a family member can also include other relatives. Say a grandparent cares for their grandchild every day after school. If that grandparent passes away, and the parent doesn’t have the ability to arrange for alternative after-school care, then either parent may opt to pursue a child custody modification to ensure the wellbeing of the child.
Child’s Preference
In New Jersey, judges may consider a child’s preference in child custody arrangements if the child is of sufficient age and capacity to reason (there is no predefined age, though).
That said, considering a preference doesn’t mean the court simply rubber stamps what a child says they want. This is generally just a factor in the court’s overall analysis, and not every court takes every child’s thoughts into consideration.
Safety Concerns
A child’s safety is always the priority in any custody decision. In the event of an emergency, or if there’s evidence of abuse or neglect, a judge may immediately modify the child custody agreement to protect the child.
This can include verbal, emotional, physical, or sexual abuse; substance abuse that endangers the child; abandonment; or other circumstances that may entail significant danger to a child.
Work with Legal Counsel to Pursue Child Custody Modifications
When your child grows an extra shoe size or wants to take up a new hobby, it’s easy enough to figure out what needs to be done next. (Yes to new shoes, maybe no to adding a third activity to their schedule.)
But child custody changes are another story. That’s where experienced legal support comes into play. They can help you understand your options and strategies for updating your child custody arrangement in a way that reflects your family’s needs and goals. This means less time worrying about legal processes and more time to focus on your child.
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