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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.