The Law Office of Jennifer Marshall, Esq.
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Jennifer Marshall, LLC
When parents make custody arrangements, the court looks at the child’s best interests to determine legal and physical custody. In some situations, the original arrangements may remain the best thing for the child. However, as a child’s needs and parental abilities ebb and flow, custody modifications may make sense. In those cases, a Piscataway child custody modification lawyer could help.
As children get older, they have more input on the custody process. One reason that a parent may seek a modification of a custody order is to reflect a child’s changing needs. Parents could also seek modifications because of a decline or improvement in one parent’s capabilities. Just like when making the initial custody determination, the court will use the best interest standard to decide whether or not to grant a modification request. If you are looking to adjust a child custody order, an experienced child custody attorney at The Law Office of Jennifer Marshall could help.
The state allows parents to modify a custody order in two different ways. The first one is a consent order, which is used by parents who agree to the changes that should be made to an existing custody order. Courts start with the presumption that parents are acting in a child’s best interests, which means they are likely to grant agreed modification requests.
However, a court does not have to grant an order for an agreed modification. If there are things in the order that seem like they would be detrimental to the child, the court may ask for a hearing or additional evidence to support those changes.
The second approach is a motion to modify the order. That motion can lead to hearings, which, while usually not as extensive as an original custody battle, can become quite extensive. Just like the original custody determination, parents should try to come to an amicable agreement about the custody modification. They can pursue avenues like mediation to help them come to a friendly solution.
Unfortunately, in some—though not all—cases where a parent needs a custody modification, the likelihood of a friendly resolution is slim. One parent may be making allegations that the other one is unfit. Even when true, these allegations are inflammatory and unlikely to lead to a peaceful resolution. A Piscataway attorney with experience handling changes to child custody orders could help parents with this process, even if a situation becomes highly adversarial.
For a court to order a modification without agreement by both parents, the parent requesting the change has to prove a substantial change in circumstances. The court will not grant the order based on a single small change, but may choose to grant it when there are multiple changes.
The court will grant a modification order for a single significant change that relates to changes in the child’s needs or family situation, including:
The court will consider these examples and other significant changes that could impact the child’s welfare.
In reviewing your case, the court will apply the best interest standard, considering the change as one of several factors, including:
Using that information, the court considers whether a change in custody will benefit the child. An attorney could provide advice about what Piscataway judges prioritize in child custody modification decisions.
When you ask the court to change custody arrangements, you need to give them a reason to do so. Remember, courts are being asked to review their own original decisions or are in a position to change another judge’s orders. To justify doing so, the court requires proof that the family’s circumstances have undergone a substantial change.
A Piscataway child custody modification lawyer could help you establish the facts you need to support your request to change a child custody order. Contact us today to learn more and schedule a consultation to discuss your case.
The Law Office of Jennifer Marshall, Esq.
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