Under these circumstances it is essential that you consult with an experienced family law attorney and seek a court order, so that if you are granted sole custody of your child that order can be enforced by the courts. … Nothing on this site should be taken as legal advice for any individual If the … If you have a custody order already in place, you can ask the original court that issued the order to make changes to it (modify it). State laws on child support and custody issues vary, so you must understand your state's guidelines if you plan on writing your own agreement. This information is not intended to create, and receipt How long does it take to get divorced in New Jersey? or viewing does not constitute, an attorney-client relationship. Can I Modify My Custody Arrangement Without Going to Court? If one parent isto have physical custody and one is to have partial custody and visitationrights, decisions must be made regarding where the child will spend theirbirthday, special holidays and other family occasions. While this is an option – as long as you and the other parent can agree on a new solution – you should be aware of the potential pitfalls: The only way to ensure that your rights are protected is to modify your custody agreement through the courts. We are available throughout the week and a voice-mail message can be left 24-hours a day. However, as you may have already realized, life can change dramatically after a divorce. Agreements about custody, access, and parenting can't be changed by a court. Can You Change Custody Agreement Without Going to Court. Once a judge has issued a child custody order, the agreement is legally binding—meaning that unless a child custody modification has been approved by the court, both parents must abide by the terms of that agreement. You will receive a prompt return call. Every situation is unique. When the parents are involved in a legal dispute, the court … Also, if your child is now living in a different state, the petition must be made there, not in New Jersey. In New Jersey, determining child custody is straightforward. Primarily, a court's concern is the best interests of the child, 1  … If the terms of the initial child custody order are not legally modified by a judge, you have no grounds to enforce the new agreement. If you and the other … As long as you are able to provide evidence of a significant change in circumstance, it is fairly easy to change a custody agreement, especially if you and the other parent are in agreement. However, if an agreement becomes part of a court order, the parent would have to show the court a substantial change of circumstance and the effect on the child. … To change the custody agreement without going to court, file the modification of child custody as normal. Of course, you and your ex can agree to change the child custody arrangement outside of court. It is possible to get full custody of a child without going to court if you and the other parent agree that you should have full custody. ADR such as mediation could present a setting in which you and your spouse can … First, let’s talk about how the child custody arrangement is typically made and then changed through the court and with the help of your attorney. school, medical. Unfortunately, the old saying “Give someone an inch and they’ll take a mile” applies when parents try to modify the child custody arrangements on their own. The short answer is yes. © 2020 Katherine K. Wagner, Attorney at Law. It is a less formal (and often less costly) legal process that involves you, your spouse, a third-party judge and (optional) attorneys. One parent wishes to relocate (“move away” case), The non-custodial parent moved closer to the other parent, The child wants to spend more time with the non-custodial parent, The non-custodial parent’s work schedule has changed. If you can agree on a modification with the other parent, you can draw up an agreement and file it with the court. Contact Moore, Schulman & Moore, APC. If you’ve had a change in circumstances, or, you feel that you must have sole custody for whatever reasons, contact us today for a consultation and let us help you get the best result for you and your children. The divorce court can help parents reach consensus on child and custody issues, but reaching an agreement on your own can facilitate cooperation and save you both time and money. You must submit evidence showing the change … The statues provide no guidance for what constitutes “appropriate parenting time”, and this is a frequent spark of custody battles. These agreements must always be in writing and approved by the court. This petition must be made in the NJ county where the child resides, not where you reside if different. Legal custody is the right to make decisions for the child such as authorizing minor surgery or signing release forms for a school trip. Parents are encouraged to work out the matter on their own as much as possible. If the state in which the order was entered allows you and the mother to change your agreement without having to return to the court and approve your agreement, then you can … Another way to arrange a child custody agreement outside of court is through direct discussion and communication. In order to do so, you will need to provide grounds for a child custody modification by filing a petition citing that a significant change in circumstances has taken place. 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