When child custody is determined during a divorce, a child custody order is issued by the Family Court. The order outlines for parents all aspects of care for their children, both financial and custodial. Sometime, the details of the custody arrangement are worked out amicably by the parties; however, other times the details are established by the Family Court after its review of proofs, including exhibits and testimony. Even when the parties agree to the terms of the original child custody arrangement, at a later date one or both of the parents may need a change to the custody order over the objection of the other parent. In this case, the party requesting the change must seek a child custody modification order from the Family Court.
In addition, even if both parents agree to proposed change or changes to the original custody order, it is appropriate to have the Family Court approve the change and issue a child custody modification order. Having the court’s approval of the modifications will help parents avoid future problems. For example, one parent may disregard changes they initially agreed upon. The other parent would have no legal recourse or support if they did not have their modifications approved by the court.
Reasons for Modifying a Child Custody Order
When considering a request for modification of a child custody order, the Family Court will consider what is in the best interest of the child. The Court will determine if a significant change in circumstances has occurred that justifies a change in the original custody arrangements. Some acceptable changes in circumstances warranting a child custody modification order include:
- If either parent moves, there may be a need to modify the current custody or visitation order.
- The disruption of the household of the child. This can result from the custodial parent’s death; a parent abandoning the child; or a parent abusing the child.
- A change in routine in the household. This could include the custodial parent taking a job on the night shift that leaves a younger child home alone.
- If the custodial parent becomes involved with illegal or criminal activity.
- If a parent begins to have substance or alcohol abuse problems.
- Consideration of the wishes of a child at least 12 years or older.
Camden County Custody Attorney Richard C. Klein Obtains Favorable Custody Determinations
The Cherry Hill family law attorney and Chairman of Cooper Levenson’s Family Law Practice Group, Richard C. Klein represents individuals throughout New Jersey during the most difficult and stressful times of their lives. Mr. Klein is experienced in negotiating custody and visitation modification agreements and presenting clients’ cases before the New Jersey Family Courts throughout the state to protect their custody rights. Having a skilled child custody lawyer to represent you is critical to a positive outcome for you and your children.
With offices in Cherry Hill, New Jersey, Mr. Klein represents clients throughout New Jersey including in Camden County, Burlington County, Gloucester County, Cumberland County, Salem County, Atlantic County, Cape May County, Hunterdon County, Moorestown, Mt. Laurel, Mt. Holly, Medford, Voorhees and Haddonfield. For more information about New Jersey child custody and visitation issues, call our office today at 856-857-5526 or contact us online to schedule an appointment.