Part of the divorce process includes making arrangements with your former spouse regarding custody and visitation with your children. However, as your children grow and circumstances change, your initial agreement may no longer be viable. Continue reading to learn about how you can modify your child custody and visitation rights.
Can My Former Spouse and I Modify the Agreement?
Yes. You and your former spouse may modify your child custody order by creating a consent order that alters your agreement. The order is meant to ensure that you and your former spouse agree and that the agreement is enforceable in court.
What If We Cannot Agree?
If you cannot agree on the modification terms, you can file a motion with the New Jersey courts to modify your agreement. This will involve returning to court and explaining why you believe a change should or should not be granted. If you are requesting the change, you will have to specify what aspects of the custody or visitation you are seeking to modify.
What Circumstances Warrant a Modification?
Before a court will order a modification, you must show that there has been a significant or substantial change in circumstances. Commonly accepted changes include a major relocation, a change in your job or work schedule, and a major change in lifestyle habits that may harm the child, such as the use of drugs or alcohol.
If you are seeking to modify your child custody or visitation agreement, it is best to consult an experienced family attorney. At The Law Firm of Walter K. Schreyer in New Jersey, our lawyers can guide you through the process and ensure that you and your children’s interests are protected. We have more than 35 years of experience helping clients work through their family law disputes, so call (201) 383-4256 to learn how we can help your family.