Fort Lee Child Custody Modification Lawyer
When a Fort Lee judge enters an order regarding child custody or visitation, that order could remain in effect for as long as the child in question is a minor. However, it is also possible to amend these orders under the right circumstances. This process is known as child custody modification.
Courts will not modify the terms of a child custody agreement or order just because a parent wants to modify it. One or both parents must seek the modification based on a substantial change in circumstances that affects the welfare of the child. These hearings are often contested, which makes the guidance of an experienced custody attorney vital. If you are facing a custody dispute, you can benefit from discussing your options with a Fort Lee child custody modification lawyer. Contact us at Moskowitz Law Group to get started.
What Is a Substantial Change in Circumstances?
The court will not arbitrarily modify or terminate a child custody agreement or order. In order to make changes to agreement or order, the petitioning parent must meet certain minimum requirements. Specifically, the parent must show that there has been a substantial change in circumstances affecting the welfare of the child. Only then will the court consider whether modification of the agreement or order is in the child’s best interests. A Fort Lee child custody modification attorney can help with making that showing.
Many different situations could qualify as a substantial change in circumstances, including:
- Allegations of domestic abuse or substance abuse
- The relocation of one or both parents
- A parent cohabitating with a partner who could be dangerous
- Poor living conditions
- Noncompliance with the custody agreement or order
- Changing needs of the minor child
- Mistreatment of the minor child
An experienced custody modification attorney in Fort Lee can review a parent’s case and build the strongest argument possible for a modification.
How the Modification Process Works
The process of modifying the terms of a child custody order can differ greatly from one case to another. In some circumstances, all of the parties involved will be on the same page. In other cases, a request for modification could be hotly contested.
It is not uncommon for two parents to agree to modify the terms of a child custody agreement. This is especially common among co-parents who are able to communicate well without the risk of conflict. When both parents recognize that there has been a material change in circumstances, they might agree to jointly file an amended agreement to modify their current agreement. It is rare that the court will deny a request to modify custody when both parents are in agreement.
Of course, not every set of parents will reach an amicable agreement. Often, parents disagree on whether or not a modification to the parenting agreement is necessary. In these cases, the issue is typically resolved in court. Either parent has the right to file a motion requesting modification, but the court will ultimately decide if the conditions for considering modification have been met.
Talk to a Fort Lee Child Custody Modification Attorney Today
It is never a good idea to face the prospect of a child custody modification motion and hearing on your own. Your relationship with your child is at stake, and a misstep during the process could have costly consequences.
Reach out to a Fort Lee child custody modification lawyer today to discuss how you can protect your rights as a parent. We are happy to go over your options with you and help you determine the best next steps for your family.