If your circumstances change and you need to make changes to your child custody agreement, you will have to go to court to make modifications. There are several reasons why a modification may be necessary or may be granted in a New Jersey court.
Why modifications could become necessary
In general, the court will not make changes to a child custody agreement if it seems that the agreement is working for the parents and all involved children. The court is primarily concerned with the child’s best interests. This means that the judge will not want to make a ruling that would disrupt the child’s way of life unless the reason for the ruling is valid.
The courts, will, however, make modifications to the child custody agreement if the child is in danger or if one parent is moving.
If the courts suspect that there is domestic violence in the home, they will investigate to see whether the child is in immediate danger. The judge will also consider whether the child has expressed a desire to move from the home. The courts may also investigate to see if domestic violence against any family member is occurring in the home.
The court will consider making changes to a child custody order if one parent is seriously considering moving to another city or state. Before granting the modification, the court will consider the reason for the parent’s relocation and whether the child’s life will be significantly interrupted by the move. The court will also consider whether the parents have discussed a way to amend their child custody agreement.
If one parent refuses to adhere to the custody schedule, the courts will consider modifications for this reason as well. The court will review all reasons for the non-compliance before making a decision.