ANSWERS: 1
  • When parents separate or divorce there must always be a determination regarding custody of the children. Either by agreement of the parents, or after a trial, an order is issued concerning where the children will live and when they will spend time with the other parent.

    When Courts Intervene

    If the parents cannot agree on custody and visitation issues, they are generally required to mediate the issue and, if mediation fails, they are allowed a court hearing where they may attempt to prove that their respective parenting plans would be in the best interest of the children. The focus of the court at such a hearing is always on the children and not what is best for the parents.

    When Something Changes

    In order to avoid unceasing custody battles, most states have a rule that parents cannot ask for a change in a custody or visitation order unless there has been a material change in the circumstances of one or more of the individuals involved. Many states substitute the word "substantial" for "material," but the import is the same.

    What is a Change in Circumstances?

    It is up to the party seeking a change in the orders to prove that something has happened that renders the old parenting plan unsuitable. Such changes can include a parent's relocation, changes in a parent's behavior that are detrimental to the child's interests, or a parent's new relationship or new marriage which causes difficult adjustment issues for the child.

    What Makes the Change Material?

    Whatever the change cited, the court will first determine whether it thinks the change is real and substantial enough to warrant taking another look at the custody order. Because there are no uniform guidelines for making this decision, the outcome depends partly on the subjective views of the judge.

    What Next?

    Even if an important change has affected one member of the family or more, that may not be enough to warrant a change in custody or visitation orders. In order to upset an established family structure, the court needs to be convinced that the situation for the child or children is most likely to improve if the change is made and that making the change will not cause additional or different problems that could be just as serious.

    Source:

    New Jersey Custody

    Custody and Visitation

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