Modification of Custody Agreements

When a custody agreement is entered, it is often the result of a divorce. Custody agreements will normally stand for a certain period of time, and then be up for a review after that time period is up. This time period typically lasts anywhere between a few months to a year depending on what the situation was that necessitated the agreement in the first place. If a custody agreement is the result of the divorce, the terms of custody that are drafted will be in accordance with parents' circumstances at the time of the divorce. As time goes on, however, circumstances change, and what worked for the parents at the time of the divorce will no longer work for them as time goes on. When this happens, it may be necessary to modify the custody agreement. This can be done on the custody agreement's schedule, or if something comes up, a petition for modification can be ordered. Whether the result of a divorce or the result of a prior agreement between parents who never married, modifying a custody agreement in New Jersey requires certain steps to be followed.

Modifying Custody Agreements In New Jersey

Modification of custody is a motion filed in the court to change the terms of standing custody agreement. There are a number of ways to go about this in New Jersey's courts. The quickest and easiest way to modify a custody agreement in New Jersey is for both parents to consent to an agreement. This is much easier said than done, however, some courts offer mediation services for parents trying to work out custody. On top of this, there are a number of private mediation services available if the parents wish to resolve things outside of court. If both parents can consent to the changes in custody, the agreement need only be signed by the judge and finalized.

Unfortunately, child custody is a complex and very emotional issue for the parents involved. It can be difficult to come to an agreement. when this happens, the matter must go through modification court proceedings. Your attorney will file a motion for a custody modification, and there will typically be two hearings. The first hearing may involve the judge ordering mediation, depending on the circumstances. A judge may be more likely to demand mediation if the parents have not already done so. If the mediation fails or is not necessary, the judge will make a ruling at the second hearing, after taking into account all testimony and evidence from both sides.

In all matters of child custody, the court will always rule in what the evidence shows to be in the child's "best interest." Unlike other kinds of family law cases, custody cases are not held upon by a specific burden of proof but rather what is an interpreted through facts and evidence to be better for the child, according to the judge overseeing the case. Because of this, when attempting to modify a custody order, it is of utmost importance to consult with an attorney to see what potential outcomes are, and what strategies can be used to help you get ahead in court.

If you or a loved one is currently involved in a custody battle, contact attorney Joseph D. Lento today.

Contact a Family Law Attorney Today!

Attorney Joseph D. Lento has more than a decade of experience practicing Family Law in New Jersey. If you are having any uncertainties about what the future may hold for you and your family, contact our offices today. Family Law Attorney Joseph Lento will go above and beyond the needs for any client and fight for what is fair.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu