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Modifying child custody orders

On Behalf of | Jul 5, 2021 | Divorce

Divorced parents should have the best interests of their children in mind. This may be even more true in deciding child custody and making modifications to the child custody order

Parents may not find it easy to make decisions about when and where their children may be living with their former spouse. Emotions may enter the process. Parents may be able to get through this process with the help of their attorneys.

Best interests of the child should always be first consideration

New Jersey, along with every other state, puts the best interests of the children first as they make decisions regarding child custody. The judges presiding over these cases take several factors in mind, including visitation, physical and legal custody and grandparent visitation.

Two areas of child custody are legal custody, with parents holding responsibility for making decisions regarding their children, and physical custody. This concerns where the children may live.

In ensuring that the children’s needs are met, New Jersey has entered the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This Act helps states to prevent child custody conflicts that cross state lines.

The Parents Education Act

New Jersey lawmakers created mandatory programs for parents who have been unable to resolve custody and visitation questions when they file for divorce.

These programs include parental meetings with custody and mental health experts. These experts offer parents insight into the emotion involved in settling conflicts related to their children. Parents also learn about their children’s needs for calm decision-making.

How New Jersey courts determine child custody

Judges notice whether parents are able to agree with each other on child custody and visitation. One factor the judge may consider is any possible history of domestic violence. Other factors may include the fitness of the parents, stability of the home environment, how the children interact with each other and their parents, and the parents’ responsibilities toward employment.