Do you need to request a custody order change?

When New Jersey parents divorce, the child is often a source of contention. You must work out matters related to the child. This includes child support payments, custody arrangements and visitation schedules. 

The court determines custody orders based on the best interest of the child. With time, this may change. What if an old custody order no longer serves the child’s best interest? You may want to request a modification of the order. 

Absence of a co-parent 

VeryWell Family says the court does not approve every reason to request a custody order change. Some parents use frustration with a co-parent as an excuse to request modification. These are the types of requests the court will deny. 

The courts consider other reasons to request modification, though. For example, is your co-parent absent? The absence of a co-parent comes in many different forms. For example, the military may relocate them if they are active duty. In some cases, a co-parent passes away. In others, courts convict them of charged crimes. This ends in their incarceration. 

Endangerment of a child 

If a parent is absent, they cannot stick to a custody order. Courts often accept modification requests based on this. They also accept requests if the child’s health or well-being is in immediate danger. Do they make requests to stay home from your co-parent’s house? Does domestic violence or abuse occur in that house? If so, courts are more likely to accept your request. 

Courts examine requests for modification on a case-by-case basis. It is hard to tell if they will accept yours. You may want to seek the opinion of a legal professional to see what your chances are. After that, submit the request and see what the court decides.