How do I modify my Court Order for custody or parenting time?

Posted January 24, 2024

  • How do I modify my Court Order for custody or parenting time?

Brian Budic was recently asked by South Jersey Magazine, “How do I modify my Court Order for custody or parenting time?”

Here is Brian’s response:

New Jersey Courts consider Orders for custody and parenting time “impermanent” because the conditions that would serve a child’s best interests cannot conclusively be determined at a single point in time through a single Court Order.  However, once an Order for custody and parenting time is entered, a parent seeking to modify that Order must show that the circumstances that formed the basis for the original Court Order have subsequently changed in a substantial way.

When a parent files a Motion with the Court to modify a custody or parenting time Order, that parent must first prove to the Court that there has been a substantial change in circumstances warranting the Court’s review of the Order.  If a parent can convince the Court that the current circumstances are materially different from those at the time of the prior Order, the Superior Court Judge is required to determine whether modifying the prior Order for custody and parenting time is in the child’s best interests, which is the primary and overarching consideration before the Court.

In implementing a custody Order and determining the child’s best interests, the Court must examine fourteen express factors set forth in the New Jersey Statute, as we as any other factors the Court deems to be appropriate.

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