New Jersey Child Visitation Modification Attorney
We Can Assist You When Your Circumstances Change
Life changes can cause parents to seek modifications to already established child visitation/parenting time agreements. Sometimes modifications can be negotiated between parents and they can sign a consent order to be signed off by a judge. But in other cases, parents may not be able to come to agreement and/or negotiations can break down, or relationships between former spouses can be so contentious that there is no point in even trying to agree in the first place. When parents do not agree on a visitation modification, the party seeking the change can file a motion/application with the New Jersey courts to request to change the original custody/visitation with proof that their alleged change in circumstances is substantial enough to warrant the modification.
When you are at odds with your ex over a custody or visitation modification, a child visitation attorney from [MFR] Men’s & Fathers’ Rights Divorce Lawyers will help you build the best possible case to take before the court. Even if you are in agreement with the other parent about the Post-Divorce Modification to visitation or custody, we can review the changes to make sure your interests and those of your children are protected well into the future.
Get help from an experienced New Jersey child visitation modification attorney by calling (201) 880-9770.
Why Choose Our Family Law Firm?
When you choose our family law firm to help you, you are choosing a team with experience. And experience matters greatly in an attorney when decisions are going to be made that will affect how much time you will be able to spend with your child. Here is a little bit about us and why we believe you should consider us when choosing a law firm:
- Our founder, Carrie S. Schultz, is certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney, which means she is a highly qualified specialist in this area of the law.
- Our Attorney Team has decades of combined legal experience in family law and child custody and visitation issues and a reputation for delivering positive outcomes.
- We are focused on client service as exemplified by the outstanding reviews we have received and our A+ rating from the Better Business Bureau.
We are passionate about protecting the rights of divorced parents! If you want an attorney who will tell you the truth, who will not back down in standing up for you, and who will always have the best interests of you and your children at heart, reach out to learn how we can help you.
What a Child Visitation Lawyer from [MFR] Can Do to Help You?
In addition to showing that there is a significant change in circumstances that warrants a modification, there are numerous confusing and stressful steps involved in actually filing a motion/application with the court to modify a previous custody/visitation order. If you do not properly adhere to these procedural steps your application for a modification may be tossed out. Here are some of the things we will do to help you:
- Review your changed situation (or that of your ex-spouse or child) to make sure that it falls within what the court may consider a substantial change in circumstances
- Fill out and file all the necessary court forms to start the modification request process
- Advise you and gather what documentation to include that will best support your request for a modification—the more relevant documentation you have, the better!
- Make sure you adhere to pre-set court timelines and deadlines, including for serving the other parent with the motion and proposed modification order
- Present and advocate, both in writing and verbally at the court hearing your situation in your application and before the judge in the most beneficial way possible.
When you trust us to help you, our New Jersey child visitation modification attorney will work hard to give you the best shot at success. We will also vigorously represent you if the other parent files a modification application that you do not agree with.
Factors Judges Consider in Modifying Child Visitation Agreements in New Jersey
Decisions during divorce related to child custody and visitation are always made based on the best interests of the child. The same is true when a parent requests a modification of any previous custody/parenting time agreement. While the judge will listen to the arguments of both parents as to why the modification should or should not be granted, the ultimate determination will be whether it is in the best interests of the child.
The judge will consider a variety of best interest factors as described in N.J.S.A. 9:2-4. Here are some of them:
- The child’s safety
- The needs of the child
- The fitness of the parents
- The parents’ ability to communicate and cooperate in matters related to the child
- The preference of the child when old enough and mature enough to express it
- The effect a change would have on the child
- The stability of the home environment
- The geographical proximity of parents’ homes.
When we handle your modification request, or defend you against a request for modification, we will do everything we can to influence the judge’s decision on your behalf and convince the Court that your position is the most rationale and in alignment with the best interest of the children.
Child Visitation Attorney Answers FAQs
The following are a sampling of the many questions we get from clients about modifying parenting time arrangements.
What are valid reasons for requesting a visitation modification?
Some valid reasons for requesting visitation modifications include, but not limited to, significant changes in a parents work schedule, changes in children’s school or activity schedules, changing needs of children, parental relocations (which if significant is an entirely separate request with it’s own process), parental irresponsibility, a parent being under the influence of alcohol or drugs while the child is with them, and abuse of the child. These are not the only situations that may be considered a significant change in circumstances—there are others about which we can advise you which may be considered significant, depending on your specific situation. First and foremost, however, whatever reason you have for making your request, it must be in your child’s best interests.
Can I change the visitation/parenting time agreement if my ex-spouse is not adhering to it?
A parent not adhering to the existing visitation agreement may be a reason for requesting a modification and could potentially result in the modification being granted. This could include situations when the parent is consistently late with picking up or dropping off your child, or worse, does not show up at all. These cases are very fact specific, so once the court learns why the parenting time order is not being complied with, the judge will make the determination as to whether a modification is warranted. If your ex-spouse is not compliant, a child visitation lawyer from [MFR] can help you make your case to the court for modifying the original order or arrangement.
Am I required to use an attorney to modify a child visitation agreement?
You are not required to use an attorney to modify an agreement. However, when you work with a knowledgeable family lawyer, you will almost certainly improve your chances of getting your desired outcome. An experienced child visitation attorney understands the evidence necessary to prove that a modification to a parenting time agreement is warranted and how to best present it to favorably influence the judge.
Can you help me if my ex-spouse is trying to modify an order that I don’t want changed?
Yes—we help parents who are seeking modifications as well as defending against those who do not want parenting time modified. If the other parent has filed a motion/application with the court to modify your existing order, we will defend your interests by working to show that there has not been a significant change in circumstances when that is the case and/or that the other parent was procedurally deficient in their application.
Will child support payments change if visitation is modified?
It is possible that child support payments may change depending upon how extensive the changes are to custody and parenting schedules. Our child visitation attorneys can advise you about whether child support may be impacted.
We hope these general questions and answers helped you better understand the process for modifying a visitation agreement. For answers specific to your case, reach out to us directly to speak with a child visitation attorney.
Have Questions About Modifying Child Visitation in NJ?
Get Help from Our Experienced Child Visitation Attorneys in Hackensack
If there have been significant changes to your circumstances or those of the other parent or your child, we are here to help. We can assist you in negotiating a new parenting time or visitation agreement with your spouse and filed with the Court. Our attorneys always start out by attempting to negotiate agreements that would be mutually satisfactory for both parents. The courts actually condone this approach before seeking their assistance. But if that is not possible or it becomes clear it won’t be productive or effective, and you still do not agree with the other parent about modifying child visitation, we will be strong advocates for you and your children’s best interests in proceeding with formal litigation– whether you are seeking the change or do not want the modification. Contact our child visitation attorneys today to schedule a consultation by calling (201) 880-9770.