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How to Successfully Modify Child Custody Agreements in New Jersey

child custody lawyer roxbury njChild Custody in New Jersey

One of the most challenging aspects of divorce for couples with children is how to handle custody. Both parents love their children, but often each has their own parenting styles. In some instances, disagreements over parenting can be one of the drivers of the divorce, making resolution of child custody issues incredibly difficult, not only emotionally, but legally as well. Once custody agreements are settled and in place, many parents are loathe to revisit them, even if the need to request a change has arisen. However, there are ways to successfully revisit and modify child custody agreements.

Modification of Parsippany Custody Agreements by Consent

If the child custody agreement was one entered into amicably at the time of divorce, and both parties are now in agreement regarding the need for a modification and the terms of that modification, the original agreement can be modified with the written consent of the parents. In situations where this is possible, it is the preferred method, as it causes the least stress between the parents and with the children.

Modification of a Judicially Ordered Roxbury Custody Agreement

In some situations, divorcing parents are unable to agree to custody terms. In those situations, custody terms are left up to the court, which will hear evidence regarding what sort of arrangement would be in the best interests of the child and enter an order outlining the rights of each parent in terms of custody and visitation. When a custody agreement is judicially entered, it can only be modified by the court. If both parties are in agreement regarding the modification, the proposed modification can be presented to the court upon the written consent of the parents, and the court can then chose to review and enter the order based upon that consent.

If, however, the parents are not in agreement regarding modification, then one parent will have to ask the court for a hearing on a modification, at which point each side will get to present evidence and arguments regarding the reasons for or against modification. The court will then enter an order granting or denying the modification request.

Contact a Rockaway Family Law Attorney for a Consultation About Modification of Your Child Custody Agreement in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at Hanlon Dunn Robertson Schwartz represent clients throughout the state, including Morris Township, Montville, Edison, and Woodbridge. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (973) 267-8895 or fill out our confidential contact form to schedule a free consultation. We have an office conveniently located at 33 Market Street, Morristown, NJ 07960.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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