If a divorced couple's initial child custody agreement does not work out the way they had hoped, it is possible to change that agreement through court action. There are a few ways to make changes to existing custody agreements in New Jersey.

Child Custody Agreements

By far, the least stressful way to change a custody agreement is for the parents to work together to create a written contract outlining their desired new arrangement, much like drafting a divorce settlement during a collaborative divorce. An attorney can help with this process by writing the new agreement or by helping the parents write it themselves.

Once a new contract is agreed upon and signed by both parties, it is submitted to the court for a judge's signature. Once signed by the judge, it becomes official, and the family may proceed with the new arrangement. Like collaborative divorce, this option leaves families feeling empowered and in control of their own custodial matters, rather than ceding their autonomy to the court.

Unfortunately, modifying a custody agreement is not always so simple. Sometimes, one parent's behavior toward or around the child raises concerns about the child's well-being, and the other parent may wish to amend the custody arrangement to alter the amount of time the child spends in each household.

If the other parent refuses to cooperate, the concerned parent may file a motion to modify the arrangement through the court. This means an official request is submitted to the court, which then leads to a hearing with a judge.

The judge may order that the parents attend a mediation session to work out their conflicts on their own. If mediation is successful, a new arrangement contract is drafted, sent to the court, signed by a judge, and approved. Otherwise, the couple is required to return to court for a second hearing, where the agreement is determined through litigation.

Reasons To Change Your Child Custody Agreement

There must be a significant reason for a family to seek a new custodial agreement. This typically involves a dramatic change of circumstances in one or both households, or a new and harmful change to the child's environment.

Examples include a move out of state, issues with alcohol or drugs by one of the parents or another person in their household, or a move to a new residence that is too small to comfortably accommodate the child. Personal disagreements are not valid reasons to file a motion for modification and will be denied by the court.

In any case where a motion for modification is filed, the filing parent must prove to the court that the circumstances presented are detrimental to the child and that a new custody arrangement is the best way to maintain a healthy environment. This motion must be filed with the court that handled the parents' divorce and subsequent settlement.

If the filing parent cannot concisely present his or her reasons for filing the motion, the court may order a plenary hearing. A plenary hearing is much like a trial, where witness testimonies are used to determine the validity of the parents' claims and whether a custody arrangement change is in the best interest of the child.

If witnesses can prove to the court that the child is currently suffering from a dangerous environment, the court will be more likely to grant the motion for modification.

Speak With A Child Custody Attorney In New Jersey

If you are interested in modifying your current child custody arrangement, call Villani and DeLuca at (732) 709-7757 for your free legal consultation.

Villani and DeLuca have proudly served Ocean and Monmouth County families since 1996.