Consent Order and Child Custody Agreement Modification Attorneys in Morristown, New Jersey
Highly Skilled Consent Order Attorneys Representing Clients in Morris County and Throughout NJ and Helping You Obtain Results
The child custody process is by far one of the most difficult aspects of the divorce process for many parents who want what is best for their children. One thing that all parents must remember is that there are many considerations to make when determining child custody. As with all matters in divorce such as property division, spousal support, and financial division, child custody also requires many considerations but many of these are even stricter due to the fact that children must be protected at all costs.
Most parents who are dealing with custody issues and cannot come to a conclusion on their own will trust the courts to handle their custody matters. They might choose to go the route involving attorneys such as informal settlement negotiations or out-of-court proceedings such as mediation or collaborative law. If you and your spouse have already talked about your future custody agreement or it has been decided by the courts, many parents think that they must now follow the status quo. This is not the case, and many couples find themselves in the middle of modifications on child custody every year.
You and your spouse might decide to go through with what is known as a ‘consent order,’ which is a voluntary agreement that you enter into to end a dispute. Consent orders tend to have the same impact as court orders. Perhaps you and your spouse have been to court in the past and now you have decided that there are some changes in custody but you don’t want to go through the lengthy and stressful process of court. A consent order or agreement might be the best way to solve this issue together.
Child Custody Modification Attorneys Representing Clients in Morristown, Parsippany, and Throughout NJ
There are many issues that can come up in a custody situation that calls for modification. From the very beginning of your custody dispute, the courts will tell you to work in what is known as the ‘best interests of your child,’ which is putting your child’s physical, emotional, and financial needs above all else. Once a child custody or visitation order is in place, both parents are expected to follow its terms or they could risk losing access to their child by being in contempt of court. However, situations change and sometimes this calls for a child custody modification. If you believe that a modification is necessary due to the circumstances that have evolved, you want to enter into a new agreement that works for you and your ex-spouse. There are two scenarios that call for modification. These are in situations where the needs of the child are not being met by a parent or when there are significant material changes that have come into play in your agreement. Here are just some of the scenarios that lead to modifications of custody orders in New Jersey child custody agreements every year:
- One parent decides to move long-distance, which can drastically change the visitation schedule and make it unusable.
- One of the parents has made a damaging environment for the child that is no longer safe or stable for them.
- The child’s emotional and developmental needs have been impacted and a change in the order is now necessary.
- There have been times where a parent repeatedly ignores the visitation schedule completely.
The consent order in New Jersey is known to be one of the easiest ways to modify a custody order once it has already been created. The consent order works as a way to modify and alter the preexisting agreement. For example, let’s assume that you have moved to another part of the state and it will now be difficult for you and your former spouse to meet once a week for dinner at their father’s house. If you and your child’s father agree, you might be able to modify the order with a consent agreement saying that you will now meet every two or three weeks for dinner, if they decide that is a better course of action based on your schedules.
If a consent order or agreement is not obtained and does not work for you, you might only be left with the option of filing a motion, which is when the courts view your substantial change in circumstances and will approve or deny it based on the new scenario this situation has created.
Some of the aspects that are typically considered in these cases include the needs of the child based on their age and developmental stages in life, the earning capacity of each parent, and other support obligations. If a parent is no longer able to meet demands or one parent is demanding too much and it signifies a change, it might be time to speak with an experienced family law attorney about a consent order or agreement and how it could help your family.
Dedicated Consent Order Attorneys Representing Clients in Randolph, Dover, and Throughout NJ
At Hanlon Dunn Robertson & Schwartz, our highly compassionate and skilled attorneys have handled many family law cases for clients in the past and would like to offer our support to you throughout this challenging and complicated time. We will help you seek a consent order or child custody agreement modification anywhere in Morris County, NJ, including Parsippany, Rockaway Township, Roxbury Township, Morris Township, Morristown, Pequannock Township, Kinnelon, Long Hill Township, Netcong, and Chester Township. We do not want you to feel alone during this time, so please contact us today.
FAQ: How do I change custody when the other parent will not agree to the change?
Though custody orders are legally binding, sometimes a situation becomes necessary for change. You have to consider how long it has been since you last modified or brought these matters to court. If there is a reasonable change, you will be able to go back to speak with a judge and have your order modified based on the circumstances. Every parent has this right.
FAQ: What happens if I have a temporary modification needed?
A consent order can still help even if the modification is just temporary. Let’s say that your spouse will be out of the state for many months due to a job or deployment and you wish to modify the order for a reasonable amount of time. You have the right to change your order when you and your spouse agree that the circumstances have changed and will be different for quite some time.