Reasons to Request a Child Custody Modification


David Mudd

The process of a divorce is difficult under ideal circumstances. Huge decisions must be made regarding child custody, child visitation, and the calculation of child support. When minor children are involved in a divorce, both parents typically find that child custody matters are the most challenging. Courts throughout the United States have a standard policy to always provide for the best interest of the child in all circumstances. As life moves on, many children have evolving needs as they grow, including academic, emotional, and physical ones. Additionally, many parents choose to remarry or need to relocate to another state. Whatever happens, there are circumstances under which a court will allow parents to modify their original child custody arrangements to ensure the best interests of the children are always upheld.

Considering a Request to Modify Child Custody

The state of New Jersey allows a parent to request a child custody modification order under specific circumstances. If a parent feels that their current circumstances or the needs of the child have changed substantially enough, that parent may request a child custody modification in the state of New Jersey. The following are some common reasons for this:

Changes in Emotional or Physical Stability of One Parent

Over time, the emotional or physical stability of a parent could change. In these circumstances, if the changes are negative, they could prove devastating to a child. Some of the specific circumstances that would require a child support modification could include the following:

  • Abuse of drugs or alcohol on a continual basis
  • Instability regarding new relationships and/or marriages
  • Unstable work schedules or the frequent changes in employment, creating unpredictability
  • Emotional instability causing damage to the child
  • Physical abuse of any kind in the home
  • Consistently moving or not having a permanent residence
  • The failure of one parent to comply with visitation orders of the Court, and withholding visitation from the other parent

Changes in the Academic, Emotional, or Physical Needs of the Child 

Again, the court will always look to the child’s best interest as a standard to make decisions regarding child custody. If there are any significant changes in a child’s academic, emotional, or physical health that would necessitate a change in child custody for any reason, the court will always look to see what is in the best interest of the child. If you believe that there are serious or severe emotional or physical challenges that exist in the other parent’s home that rise to the level of abuse, contact the police immediately. 

Relocation of One Parent

If one parent needs to relocate any significant distance from the other parent that would then impact the child, a child custody modification order is likely necessary. 


Contact a Family Law Attorney 

If you feel that you need to modify a child custody arrangement, this will likely impact your child support responsibilities, as well. Contact an experienced child custody attorney in new jersey at the law firm of Giro Law at 201-690-1642. We can help work with you to ensure your legal rights remain protected through this process.