What if Two Parents Want to Change the Custody Agreement?
When both parents agree, or at least both parents want, to revisit your child custody order, that can simplify things in many respects. But even with mutual intent, legal steps must be followed to ensure any change is valid and enforceable. Below is an overview of how that works in New Jersey and key considerations when parents jointly seek to change custody.
When Can Custody Be Changed?
Custody orders are not set in stone. New Jersey courts permit modification when there has been a substantial change in circumstances since the original order, and when the proposed change serves the best interests of the child.
Examples of changes that can support modification include:
- A parent’s relocation or change in work schedule
- Significant changes to a child’s needs (school, medical, emotional)
- Evidence of neglect, abuse, or parental substance-abuse issues
- Violation or non-compliance with the existing custody or parenting time order
- One parent’s improved or worsened stability or ability to care for the child
Because courts emphasize stability and continuity, mere inconvenience or minor changes typically won’t justify a modification.
Two Paths: Consent Order vs. Motion
Consent Order (Agreement by Both Parents)
If both parents agree about a new custody arrangement, the simpler path is to draft a new plan together and submit it to the court as a consent order. The court will review it, ensure it’s consistent with the child’s best interests, and, if satisfied, sign off.
This route usually avoids a contentious hearing, but even in agreement cases the judge has discretion to reject or adjust terms that appear harmful to the child.
Filing a Motion When Parents Can’t Agree
When consensus isn’t possible, one parent must file a motion for modification (sometimes called an application or post-judgment motion).
Key steps include:
- Drafting the motion: You must detail how circumstances have substantially changed and explain why a new custody arrangement is in the best interests of the child.
- Serving the motion: The other parent must be formally notified and given the chance to respond.
- Hearing: The court schedules a hearing where each parent presents evidence, testimony, and arguments.
- Court decision: The judge evaluates whether the modification is justified and whether it promotes the child’s welfare.
Important Considerations & What to Prepare
- Demonstrating a substantial change in circumstances is not enough: the requested change must clearly benefit the child.
- Be ready with supporting evidence: school reports, medical or counseling records, employment evidence, or testimony about parenting performance.
- Understand that courts favor stability and continuity—they will not alter custody casually.
- Even with agreement, the judge may intervene if terms are seen as detrimental.
- If relocation is involved, additional scrutiny applies regarding distance and impact on the child.
If you and the other parent are considering modifying your custody agreement, or if one parent is resisting change, don’t go it alone. At Fiore Law Group, our family law attorneys understand the complex standards and procedures involved. Let us help you assess whether a change is viable, guide you through drafting a consent order or filing a motion, and advocate for what’s best for your child. Contact us today for a consultation and secure clear, enforceable custody arrangements.