How can I change my custody arrangement?
A question that is often asked by prospective clients is, “How can I get custody of my child from my ex?” The reasons are varied. One example is a mother who moves into a new and larger home, which she believes will allow her to provide a better home for her child. Another example is a father who believes his former spouse is a terrible mother and he feels that the child would be better off with him. The number of possible reasons is endless; however, they all face a stiff standard that they must meet in order to change an existing custody arrangement.
Generally speaking, a court, charged with the responsibility of acting in a child’s best interests, will need to be presented with compelling proof in order to uproot a child and move her to a new home. Both in Divorce lawyer NJ and Divorce new york city, the parent asking for the change in the custody arrangement must prove to the court that there has been a change in circumstances and that the new custody arrangement would be in the child’s best interests. As a recent example, in 2009 a New Jersey court found that the failure of a parent to attend to her child’s religious education was not a sufficient reason to change a custody arrangement unless the father could also prove that such neglect affected the child’s safety, happiness, or physical, mental, or moral welfare. If you are preparing to ask a court to make a change in your child’s custody arrangement, you must be well prepared to persuade a court to make a change. Custody battles can be very draining economically, physically, and mentally. It is common to see custody disputes last one year or more. Marching into a court and stating “I am the better parent” is not ordinarily sufficient to convince the court. In order to have any hope of achieving victory, you must have specific facts supporting your argument.
If you have any further questions about your New York City or New Jersey family law case, please contact our offices to speak to a New Jersey or New York City divorce lawyers.
Processing your request, Please wait....
