New Jersey Modification of Visitation
The time you have with your children is limited because they only remain children for so long. If on top of that, you have other limitations because of a custody arrangement it can be difficult to maintain your parent-child relationship.
Since this relationship is likely the most important one in your life, you probably have reasons for which you want to modify the visitation agreement. Sometimes, a person is willing to agree to a visitation schedule because they want to wrap up the legal issues quickly (for example, in a divorce). Other times, a court orders a visitation schedule that you are not completely happy with.
Sometimes your life or the other parent’s life changes drastically and it makes you reconsider your current visitation schedule. By speaking with a New Jersey modification of visitation lawyer, you can get valuable information about what options you have. It may be critical to speak with an experienced divorce attorney about your case.Standard for Visitation Modification
In order to modify a child custody and visitation arrangement ordered by the court, someone may need to show that there has been a substantial change in circumstances since the initial court order. Common types of changes that a court will consider substantial enough include major change in work demands and mental or physical illness that impairs the ability to care for children. The court will also consider if one parent is moving, has addiction issues or constantly interferes with visitation.Factors in Determining the Best Interest of the Child
Even if there has been a substantial change, the court will still have to decide if New Jersey modification of visitation is in the best interest of the child. When deciding this the court will look at many factors, such as:
- Ability of parents to work together for the children
- Relationship between the child and parents and siblings
- Any past domestic violence incidents
- Depending on the age and capability of the child, the child’s preference
- Needs of the child
- Continuity of education and quality of education
- How much time was spent with the child and the quality of that time, before and after the separation
The court will consider whether the parents can accept the new arrangement and their history of following custody schedules. This may hold a lot of weight in court unless the unwillingness was based on factual allegations of abuse. This may tie into the stability of the home environment and be used as a basis for modification if there has been a large change to stability. Any concerns regarding physical abuse against the children, new allegations can be a basis for modification, will also be taken into account.
Speaking to any new addiction or addiction-related issues, the fitness of each parent is also relevant to a visitation case. If one parent has moved, the court may address how close the two homes are to each other and any career demands that may require modification. Prior custody could have been based on young children and if children are older this can be a reason for modification.Speaking to a New Jersey Modification of Visitation Lawyer
Visitation can be one of the most important legal decisions in your life. New Jersey modification of visitation can be dependent on a variety of situations but you will not know for sure until you speak with a lawyer.
A New Jersey modification of visitation lawyer can advise you if the circumstances are significant enough to warrant a modification. If they are, then your lawyer can work with you to make a plan to show that it is in the best interest of your child to change visitation.