Modification of Child Custody and Visitation Attorney in Bradley Beach, New Jersey
When can custody be modified?
When can custody be modified?
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so modifying custody is more difficult
than most people believe going into the
process when you create your initial
custody plan it’s not a trial it’s not
something that the courts are going to
revisit early or easily courts like
stability and consistency for children
so when you formulate your original
custody plan it is likely that that will
remain in place for quite some time and
if not for the lifetime of the child
through their emancipation because
courts like stability and schedules to
stick so if you’re seeking a
modification there has to be a
significant change
in circumstances and not your
circumstances it is not sufficient if
you remarry and your home looks
different to change your child’s
custodial Arrangement there has to be a
change in the child’s life and it’s
typically a negative change that you can
show to the court would be remedied
If the child custody schedule can change
so it’s quite difficult to do and that’s
the process would be going to court and
first showing the change in circumstance
which is a high enough burden it is not
an easy burden to meet and then after
you’ve met that threshold showing
showing the court that that change in
circumstance in a child’s life for
example a child is not doing well in
school anymore or a child who’s been a
very outgoing extrovert has become very
introverted you can prove that you
potentially can show that but you then
have to prove that that change can be
bettered or remedied by a change in the
custodial schedule so it’s quite a
difficult obstacle to overcome
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Bradley Beach, NJ family law attorney Cipora Winters explains when custody can be modified. She explains that modifying custody is more difficult than most people expect when they enter the process. When a parent creates an initial custody plan, it is not treated as a trial run. The courts do not revisit it easily or quickly because they value stability and consistency for children. Once the original custody plan is established, it usually remains in place for a long time—often until the child reaches emancipation—since judges prefer schedules to remain steady.
She notes that if a parent seeks a modification, there must be a significant change in circumstances, and not just in the parent’s circumstances. It is not enough if she remarries or her household looks different. The change must be in the child’s life, and it is typically a negative one that she can demonstrate to the court would be improved by adjusting the custody schedule.
She stresses that the process requires going to court and first proving that a significant change in the child’s circumstances exists, which is already a high and difficult burden to meet. If she meets that threshold, she must then show that the change in the child’s life—for example, declining school performance or a shift from being outgoing to becoming introverted—can be remedied by modifying the custodial schedule. Because of these strict requirements, she emphasizes that achieving a modification is a very difficult obstacle to overcome.
