Requesting a Post-Divorce Modification to Custody and Visitation

After the divorce, you were happy with your child custody and visitation agreement. But, circumstances have changed. The arrangement that worked well in the past, no longer meets your family’s needs. You wonder, is the agreement meant to last till your children are grown? Can a child custody and visitation be changed?

Common Reasons for a Change in Custody and Visitation

  • Relocation due to marriage or career opportunities
  • Change in occupation or in hours worked
  • Loss of income
  • Health changes
  • Drug or alcohol abuse
  • Child abuse
  • Any situation that endangers the child

As children grow and careers develop, families change. If your New Jersey, child custody and visitation agreement is no longer working for your family, you can request a modification. There are two ways to modify a child custody or visitation order:

  1. Create a consent order: A consent order is an agreement between both parents that alters the preexisting arrangement. Both parents must agree to the changes in the consent order. Once the modification is made, a consent order is enforceable by law.
  2. Filing a motion in court: If your spouse does not agree to the changes, you may file a motion in court to change the custody and visitation order. You will need to demonstrate a substantial change in circumstances. A judge will make the final decision.

Protecting Your Children’s Best Interests

Whether it is you or your ex-spouse that is seeking the change in custody and visitation, Melinda M. Previtera makes the welfare of your children her highest priority. She will discuss all your options, so you can make the best decision for you and your family. She can help you work with your ex to create the arrangement you want. Or, if cooperation is not possible, she can fight in court on your behalf.

If you are seeking compassionate legal representation from an attorney who won’t give up, call our Moorestown Family Law office at 856-942-0150.