If your ex-spouse was granted sole custody of your child during your divorce, you might wonder if that arrangement can be changed after the fact. The answer is yes, but it is not a simple process. Modifying a custody arrangement requires meeting certain legal standards and navigating through a well-defined legal process.
What does sole custody mean?
In New Jersey, sole custody grants one parent full legal and physical responsibility for the child. This means that the custodial parent makes all major decisions about the child’s life. This means they control the child’s education, healthcare and religious upbringing. The non-custodial parent may have visitation rights, but they do not have a say in these significant decisions.
Criteria for modifying custody
To change a custody arrangement post-divorce, the parent seeking modification must prove that there has been a substantial change in circumstances that impacts the child’s best interests. This change must be significant and unforeseen at the time the original custody order was made. Common examples include changes in the child’s needs, the custodial parent relocating or improvements in the non-custodial parent’s situation, such as increased stability or better living conditions.
Filing a motion
The first step is filing a motion with the family court. This motion should present evidence of the substantial change in circumstances and explain how the proposed modification would benefit the child. The court reviews the motion, considering factors such as the child’s needs and each parent’s ability to meet these needs. Depending on the child’s age, their preference may be factored as well.
Mediation and hearings
In many cases, the court may suggest or require mediation to see if the parents can reach an agreement. However, if the former couple is unable to reach an agreement, a formal hearing is held where each ex-spouse will make their arguments, present their evidence and make their case.
Final decision
Ultimately, the judge will make a decision based on what is in the best interests of the child. If it is determined that a modified custody arrangement, such as 50-50 co-parenting, would better serve the child’s needs, the custody order will be adjusted accordingly.
While it is possible to change a sole custody arrangement after a divorce in New Jersey, it requires showing a significant change in circumstances and proving that the new arrangement would be in the child’s best interests. Understanding the legal process and preparing a solid case are key to achieving a successful modification.