Child custody agreements can be quite a complex legal topic and that is why it is a good idea to get a trusted child custody lawyer. There is quite a bit that goes into both creating these agreements and modifying them after they are already in place. You might have several different reasons why you might want to modify the current child custody agreement between you and the child’s other parent. However, it is good to start off with the fact that you can modify a child custody agreement in New Jersey, including in the city of Hackensack, NJ. Here is what you should know about modifying a child custody agreement in the state of New Jersey.
How Do You Modify A Child Custody Agreement in New Jersey?
There are a few different ways that you can modify a child custody agreement in the state of New Jersey. The first and simplest way of modifying a child custody agreement is to reach out to the child’s other parent and see if they would be willing to let this modification happen. If they agree to the modification, then you can quickly proceed and file the modification petition without much hassle. However, this modification process often does not go that smoothly and you might need legal assistance to sort it out.
In the event that the other parent refuses to agree to the child custody agreement being modified, you will have to pursue a different route. In this instance, you would still have to file a modification petition. This is only the first step and a New Jersey judge would have to approve this modification petition in order for it to go into effect. However, you should make sure that you have excellent legal assistance so you have the best chance of getting this modification petition approved by an NJ judge. Your lawyer can help you prove why you need to modify the child custody agreement.
What Are The Steps to the Modification Process?
The first step in this process is for both parents to communicate with one another. If the two of you cannot reach an agreement, then you have to file a modification petition. After you file this, you will get a specific date for your scheduled appearance in court. When you appear in court, you will then have to give the judge the reason why you want to modify the custody agreement and provide evidence to support your position.
The judge will then examine the situation and decide whether or not it is necessary to modify the custody agreement. If the judge decides that the changes are required, then they will create new custody orders. Naturally, the primary consideration is to make sure that you are doing what is best for the child whose custody is in question.
Why Would You Need to Modify the Child Custody Agreement?
As previously stated, there are a variety of reasons why you might want to modify the child custody agreement. One reason why it might be necessary to modify this agreement is if that change is in the best interests of the child. With any modification to this agreement, you do have to prove that circumstances have changed quite a bit and this change is continuing to get the modification approved. Of course, there are other reasons.
Another reason why you might want to modify the custody agreement is if the child was in danger of some sort or if they got exposed to substance abuse or domestic violence. In that case, modifying the custody agreement could be necessary to ensure that the child is both healthy and safe. This is especially true if the other parent who has custody was personally involved in domestic violence or substance abuse.
You might also want to modify the custody agreement if you or the child’s other parent intends to move or is required to move and you want to take the child with you. That is a common reason for modifying the custody agreement. One common reason for such a move is if you or the child’s other parent has to relocate for their new job. Regardless of the reason for the move, the judge has to determine that it is in the child’s best interests to go with the parent that is moving.
Another justification for modifying the custody agreement is if you or the child’s other parent isn’t able to meet your child’s needs. This can mean financial needs, physical needs, or even emotional needs. One common way that this can happen is if you or the other parent loses their job. You might not be able to provide for all of the child’s financial needs in this case. If so, then it is likely that the other parent will file a modification petition so that they can change the child custody agreement.
Additionally, if you or the other parent passes away, then the surviving parent might decide that they want to raise the child by themselves. This will not necessarily require a child custody agreement modification. However, those circumstances will frequently require such a modification to be made to the child custody agreement. If one of the child’s parents refuses to follow the previous child custody agreement, then this is another reason to modify the child custody agreement, too.
Why Should You Get A Lawyer For A Child Custody Agreement Modification?
Any modifications to the child custody agreement can prove complex. A lawyer can help you understand and complete this process. Also, a lawyer gives you a better chance of getting the child custody agreement modified to your satisfaction.