When you and your spouse file for divorce, one of the most contentious issues may be the custody arrangement, and once the court order is in place, you may be relieved that this matter is over. However, as time progresses, you may find that the current arrangement is no longer in the best interest of your child. As such, you may wish to modify the custody order. If this reflects your circumstances, you’ll want to keep reading to learn more about the circumstances in which the court can issue a modfication and how a Morris County post-divorce modification lawyer can assist you.
When Can I Modify a Custody Agreement?
First and foremost, it’s critical to understand that modifying a custody arrangement is only viable under certain circumstances. You cannot seek a modification simply because you are unhappy with or disagree with the terms and conditions established by the court. Unfortunately, if this is the case, there is not much you can do other than abide by the terms and conditions established by the court to ensure you are not in contempt of the order.
In general, to seek a modification of a court order, you’ll need to prove to the court that substantial changes have occurred that warrant the alteration of a court order. As such, common matters that could warrant the alteration of a custody arrangement include, but are not limited to, the following:
- A parent is moving a considerable distance away
- The child has new educational or medical requirements
- One parent has a significant change in their work schedule
- A parent has been incarcerated
- One parent is accused of neglect or abuse
- One parent is accused of substance abuse
- One parent continually violates the current custody order
It’s imperative to understand that, just like the initial custody decision, the court will examine several circumstances to ensure that the change would be in the best interest of the child.
What Are the Steps Involved in This Process?
In the event you wish to seek a modification of your current custody arrangement, you may be able to negotiate the matter with your spouse if you are on amicable terms. If you are in agreement that the proposed change would be in the best interest of the child, you can file a joint petition with the court. So long as the change does not harm the child and both parents are in agreement, the change can be granted by the court.
However, if your ex does not agree, you’ll need to petition the court. Generally, this entails filing a motion with the court that issued the custody arrangement at the time of your divorce. In addition to filing the necessary paperwork, you’ll need to gather and submit any evidence that supports the changes you wish to make to the arrangement.
Once the paperwork has been submitted, you’ll need to serve your spouse with a copy of the petition. The court will also schedule a hearing date on which you and your spouse can present your argument. The court will then issue a decision on the matter. If they agree that a change is necessary, a new order with the alteration will be issued. If they disagree, the original custody order will remain in place.
As you can see, this process can be overwhelming and difficult to navigate. That is why it is in your best interest to connect with an experienced attorney with the Leslie Law Firm, LLC to help you fight for the best possible outcome for you and your family. When you need help, our firm is here. Contact us today to learn more.
