04 Apr Child Custody Visitation Modifications Can Be Tricky
After a divorce and the dust has supposedly settled, issues often arise over child visitation rights, and these issues unfortunately all-too-frequently turn into major disputes. When that happens, what had previously been a “civil” dynamic between the parents can rapidly deteriorate. This, of course, has the additional and unfortunate effect of harming the children involved. If you want or need to modify visitation rights (also known in New Jersey as parenting time), it would be wise to engage Mr. Bloom, a qualified visitation rights attorney, to assist you.
Help With Visitation Modifications
It’s a fact – the modification of child visitation rights is subject to very specific legal requirements and can result in a very negative outcome for all involved if not handled properly.
The procedures to modify visitation rights set out by New Jersey state law (each state regulates divorce and custody matters independently of what others do) are relatively straightforward. Although the two are often used interchangeably, it’s important to remember that visitation differs from custody. Not until custodial status is established can visitation rights be addressed. Both are, however, subject to modification by the court upon motion by one party or agreement by both. A lawyer should be used in when attempting to alter any visitation agreement.
The steps involved are clearly defined, and there is little room for error. Given the stakes, you can’t afford to gamble that you can handle a case to modify visitation rights on your own. A better bet would be to hire an experienced family law (also known as divorce) attorney. He or she will know how to best navigate the process taking into account the particulars of your case.
Steps To Modify Visitation
- To modify an existing visitation order, you are usually required to show to the satisfaction of the court that “a substantial change in circumstances” exists.
- A parent seeking to change an existing visitation order when the other parent objects must file a motion asking the court to modify it. The motion should tell the court exactly what it is being requested to do.
- A court date must be set. This is when the court hears the motion to grant or deny it.
- To ensure the accuracy of the court records, a Confidential Litigant Information Sheet must be completed and submitted to the court.
- Completion of the Certification. This form is where you make your case, so to speak, clearly explaining to the court why it should grant the relief asked for in your Notice of Motion.
- Include a Proposed Order, the form the judge will sign if the Notice of Motion is granted. To prove to the court that you have served all parties to the action, a Certification of Filing and Service must be filed.
Contact Child Support Attorney Jeffrey M. Bloom
Child visitation modifications are tricky and to achieve the results you are looking for, Mr. Bloom is here to help. With a qualified, family law attorney in your corner, you can be assured that your rights and the well-being of your children will be attained. Call Mr. Jeffrey Bloom at (855) 208-3650 for your consultation appointment.